Radiocommunications (Apparatus Licences – Authorisations and Transfers) Determination 2025
7Circumstances in which persons must not be authorised to operate radiocommunications devices, or in which a licence is not transferable
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7 Circumstances in which persons must not be authorised to operate radiocommunications devices, or in which a licence is not transferable
(1) For the purposes of paragraph 115(1)(c) of the Act, the licensee of an apparatus licence specified in column 1 of a table item must not authorise a person (the other person) to operate a radiocommunications device under the licence in the circumstances set out in column 2 of the table item. (2) For the purposes of paragraph 131AC(1)(b) of the Act, an apparatus licence specified in column 1 of a table item is not transferable to a proposed transferee (the other person) under Division 8 of Part 3.3 of the Act in the circumstances set out in column 2 of the table item. Table
| Column 1 | Column 2 | |
|---|---|---|
| Licence | Circumstances in which other person must not be authorised, or in which the licence is not transferable | |
| 1 | An apparatus licence held by an exempt person | The other person is not an exempt person |
| 2 | An apparatus licence held by an eligible person | The other person is not one of the following:(a) an exempt person;(b) an eligible person |
| 3 | An apparatus licence that authorises the operation of a radiocommunications device for the provision of an international broadcasting service | There is no international broadcasting licence in force that authorises the provision of the international broadcasting service by the other person |
| 4 | An apparatus licence held by the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation, where the Corporation operates a radiocommunications device under the licence to provide a broadcasting service to locations outside Australia | The other person intends to operate a radiocommunications device under the licence:(a) to provide an international broadcasting service; or(b) to provide a broadcasting service within Australia |
| 5 | An apparatus licence that authorises the licensee to operate a radiocommunications device in the provision of an exempt broadcasting service | The other person intends to operate a radiocommunications device under the licence otherwise than in the provision of an exempt broadcasting service |