114Licensees may authorise third party users

114 Licensees may authorise third party users

(1) Subject to subsections (2), (3) and (3AA), a licensee of an apparatus licence may, by written instrument, authorise other persons to operate radiocommunications devices under the licence. (2) The licensee must not authorise a person if to do so would be inconsistent with determinations of the ACMA under section 115. (3) The licensee must not authorise a person if: (a) the person has been issued an apparatus licence that: (i) was or is of the same type as the licensee’s licence; and (ii) authorised operation of radiocommunications devices of the same kind as those to which the licensee’s licence relates; and (b) the person’s licence: (i) is suspended; or (ii) has been cancelled within the last 2 years. (3AA) The licensee must not authorise a person if: (a) the licence is a digital radio multiplex transmitter licence; and (b) the person is not a qualified company. (4) Authorising other persons does not prevent the licensee doing anything in accordance with the licence.