Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACMA may:
(a) refuse to include in the Register under paragraph 144(1)(e) details of a radiocommunications transmitter that is proposed to be operated under a spectrum licence;
if the ACMA is satisfied that:
(b) operation of the transmitter could cause an unacceptable level of interference to the operation of other radiocommunications devices under that or any other spectrum licence, or any other licence.
Note: Operation of a radiocommunications transmitter without registration of its details may breach a licence condition under section 69.
(2) If the ACMA refuses an application to include in the Register details of such a transmitter, it must give the applicant written notice of the refusal, together with a statement of its reasons.
Note: Refusals to include in the Register such details are reviewable decisions under Part 5.6.
(3) The ACMA may require that, before such details are included in the Register, there be presented to the ACMA a certificate, issued by a person who holds an accreditation of a kind specified in the legislative rules, stating that operation of the device under the licence satisfies any conditions that are required to be satisfied, in relation to the issue of such a certificate, under a determination made under section 266A.
(3A) The legislative rules may authorise a person who holds a kind of accreditation mentioned in subsection (3) to charge fees in relation to the issue of certificates under subsection (3). A fee must not be such as to amount to taxation.
(4) The ACMA may determine, by written instrument, what are unacceptable levels of interference for the purposes of this section.