8Consistency with Act, instruments and procedural documentation

8 Consistency with Act, instruments and procedural documentation

(1) The operation of a device under the apparatus licence must be consistent with: (a) the Act; (b) subject to subsection (2), the spectrum plan; (c) subject to subsection (2), any applicable frequency band plan; (d) subject to subsection (2), any applicable condition specified in a determination made under subsection 110A(1) or (2) of the Act; (e) except to the extent any of the following is inconsistent with the Act or any legislative instrument made under the Act: (i) any procedural document, specified in the frequency assignment certificate, that applies to the frequency or frequencies, or the frequency channel, on which the device would operate; (ii) if subparagraph (i) does not apply – the interference management criteria: (A) devised and used by the accredited person; and (B) recorded by the accredited person in accordance with the Radiocommunications Accreditation (General) Rules 2021. (2) The operation of a device under the apparatus licence may be inconsistent with the spectrum plan, an applicable frequency band plan, or an applicable condition specified in a determination made under subsection 110A(1) or (2) of the Act, if: (a) the apparatus licence is of a kind mentioned in subsection 104(1) of the Act; and (b) the accredited person has consulted with the ACMA before issuing a frequency assignment certificate in relation to the licence.