Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 25

25. (1) A licence to operate and possess a radiocommunications transmitter is
subject to the following conditions:

   (a)  a condition that the holder of the licence shall not operate, or
        permit the operation of, the transmitter except for a purpose
        specified in the licence, being a purpose not inconsistent with a
        purpose of a kind specified in the appropriate frequency band plan
        under sub-section 19 (2);

   (b)  a condition that the holder of the licence shall not operate, or
        permit the operation of, the transmitter except in accordance with
        provisions specified in the licence, being provisions relating to-

        (i)    the prevention or reduction of interference, or of the
               likelihood of interference, to radiocommunications;

        (ii)   the prevention or reduction of risk of death of, or injury to,
               persons, or risk of loss of, or damage to, property; or

        (iii)  the transmission of an identification signal;

   (c)  a condition that the holder of the licence shall not operate, or
        permit the operation of, the transmitter except on a frequency or
        frequencies or on a frequency channel, and at a constancy, specified
        in the licence;

   (d)  a condition that the holder of the licence shall not operate, or
        permit the operation of, the transmitter in such a manner as would be
        likely to cause reasonable persons, justifiably in all the
        circumstances, to be seriously alarmed or seriously affronted, or for
        the purposes of harassing a person;

   (e)  a condition that the holder of the licence shall not operate the
        transmitter unless he is a qualified operator in relation to the
        licence;

   (f)  a condition that the holder of the licence shall comply with
        sub-section 269A (2) of the Navigation Act 1912;

   (g)  a condition that the holder of the licence shall comply with any
        direction with respect to the operation of the transmitter given to
        him, in a manner not inconsistent with any relevant guidelines in
        force under sub-section (4), either orally or in writing, by-

        (i)    a member of the Australian Federal Police;

        (ii)   a member of the police force of a State or Territory;

        (iii)  an officer of the Defence Force;

        (iv)   an officer of the Australian Coastal Surveillance Centre; or

        (v)    an officer included in a prescribed class of officers, being an
               officer of a prescribed organization the sole or principal
               purpose of which is to deal with natural disasters,

that is reasonably necessary for the purposes of-

        (vi)   securing the safety of a vessel or aircraft that is in danger;

        (vii)  dealing with an emergency involving a serious threat to the
               environment; or

        (viii) dealing with an emergency involving risk of death of, or injury
               to, persons or risk of substantial loss of, or substantial
               damage to, property;

   (h)  a condition that the holder of the licence shall comply with the
        provisions of this Act;

   (j)  such conditions (if any) as are prescribed;

   (k)  such other conditions (if any) as are specified in the licence.

(2) References in sub-section (1) to the holder of a licence include
references to the holder of an authority given under sub-section 26 (1) by the
holder of the licence.

(3) The Minister may, by notice in writing served on the holder of a licence-

   (a)  impose one or more further conditions to which the licence is subject;

   (b)  revoke or vary any condition-

        (i)    imposed under paragraph (a); or

        (ii)   specified by him under paragraph (1) (k); or

   (c)  vary any condition to which the licence is subject, being a condition
        of a kind referred to in paragraph (1) (a), (b) or (c).

(4) The Minister may, by instrument in writing, make guidelines-

   (a)  to be applied by him with respect to the exercise of his powers under
        sub-sections (1) and (3); and

   (b)  for the purposes of paragraph (1) (g).

(5) The Minister, in exercising his powers under sub-section (1) or (3), shall
comply with any relevant guidelines in force under sub-section (4).

(6) Sections 48, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in
relation to guidelines made under sub-section (4) as if in those sections
references to regulations were references to guidelines, references to a
regulation were references to a guideline and references to repeal were
references to revocation.

(7) Guidelines in force under sub-section (4) shall be deemed to be statutory
rules within the meaning of the Statutory Rules Publication Act 1903.

(8) Nothing in paragraphs (1) (a) to (h) (inclusive) shall be taken, by
implication, to limit the generality of the conditions that may be prescribed
for the purposes of paragraph (1) (j), specified under paragraph (1) (k) or
imposed under paragraph (3) (a).
(9) In this section, ''operate'', in relation to a transmitter, includes
operate in a manner likely to cause interference, or risk of interference, to
radiocommunications.