12Condition of exemption — record-keeping requirements

12 Condition of exemption – record-keeping requirements

(1) It is a condition of an exemption under item 1, 2 or 3 of the table, in relation to an act involving a banned device, that a person must only do the act if the person complies with the applicable record-keeping requirements set out in this section. (2) If the exemption relates to the possession of a banned device, the person must: (a) at the time the person first came into possession of the device, create a written record of the following: (i) the permanent ban that applies to the device; (ii) the date the person first came into possession of the device; (iii) the frequencies on which the device operates or is capable of operating; (iv) if the device is a transmitter – the maximum power at which the device is capable of transmitting; (v) the maximum EIRP of the device; and (b) if the person destroys or disposes of the device – at the time the person destroys or disposes of the device, create a written record of: (i) the date the device was destroyed or disposed of; and (ii) the method by which the device was destroyed or disposed of. (3) If the exemption relates to the operation of a banned device, the person must: (a) before the person operates the device, create a written record of the methods (if any) to be used by the person to prevent the operation of the device causing interference to radiocommunications; and (b) if the person receives a complaint or report of interference in relation to the operation of the device – at the time the person receives the complaint or report, create a written record of the following: (i) the identity (if known) of the person making the complaint or report; (ii) the date the complaint or report was made; (iii) the time and date (if known) of the interference; (iv) the radiocommunications (if known) that were subject to the interference; and (c) if the person takes any steps or other action to prevent or reduce the interference mentioned in paragraph (b) – at the time the person takes those steps or that action, create a written record of those steps or that action; and (d) as soon as practicable after each time the person operates the device, create a written record of the following: (i) the frequencies on which the device operated; (ii) if the device is a transmitter – the maximum power at which the device transmitted; (iii) the maximum EIRP of the device at the time it was operated. (4) If the exemption relates to the supply of a banned device, the person must, at the time of the supply, create a written record of the following: (a) the identity of the person to whom the device was supplied; (b) any information that verifies the identity of the person to whom the device was supplied; (c) the date the device was supplied; (d) the kind of device that was supplied; (e) the frequencies on which the device operates or is capable of operating; (f) if the device is a transmitter – the maximum power at which the device is capable of transmitting; (g) the maximum EIRP of the device. (5) For the purposes of subsection (4), if: (a) a person supplies more than one banned device to another person (the recipient) on the one day; and (b) those banned devices are identical at the time of the supply; only one record needs to be created if the record also includes the number of banned devices supplied to the recipient, and the kind of banned devices that were supplied to the recipient, on that day.