Radiocommunications Licence Conditions (Scientific Licence) Determination 2023 (Cth)

Radiocommunications Licence Conditions (Scientific Licence) Determination 2023

The Australian Communications and Media Authority issues the following instrument under subsection 110A(2) of the Radiocommunications Act 1992.

Dated: 28 August 2023 Adam Suckling [signed] Member

Creina Chapman [signed] Member/General Manager

Australian Communications and Media Authority

1 Name This is the Radiocommunications Licence Conditions (Scientific Licence) Determination 2023.

2 Commencement This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.

Note: The Federal Register of Legislation is available, free of charge, at www.legislation.gov.au.

3 Authority This instrument is made under subsection 110A(2) of the Act.

4 Repeal of the Radiocommunications Licence Conditions (Scientific Licence) Determination 2015 The Radiocommunications Licence Conditions (Scientific Licence) Determination 2015 (F2015L01284) is repealed.

5 References to other instruments In this instrument, unless the contrary intention appears: (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and (b) a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force, or existing, from time to time. Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments. Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation. Note 3: See section 314A of the Act.

6 Application (1) Subject to subsection (3), every scientific licence is subject to the conditions specified in sections 7 and 8. Note 1: A number of expressions used in this instrument are defined in the Act, including the following: (a) equipment; (b) radiocommunication; (c) radiocommunications transmitter. Note 2: Other expressions used in this instrument may be defined in a determination made under subsection 64(1) of the Australian Communications and Media Authority Act 2005, including: (a) Act; (b) scientific licence; (c) scientific non assigned station. (2) Subject to subsection (3), every scientific licence that authorises the operation of a scientific non assigned station is subject to the condition in section 9. (3) If: (a) a condition is specified in a scientific licence under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and (b) that condition is inconsistent with a condition specified in this instrument; then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.