4Recording devices in the Register

4 Recording devices in the Register

(1) A licensee must not operate a radiocommunications transmitter under an area-wide licence (the relevant licence) unless:

(a) the following details in relation to the transmitter have been entered in the Register:

the details about the transmitter set out in subsection 10(5) of the Register Determination; and
the details about the use of spectrum by the transmitter set out in subsection 10(4) of the Register Determination; and
the details about the antenna for the transmitter set out in subsection 10(6) of the Register Determination; and
the details about the site where the transmitter is located set out in subsection 10(7) of the Register Determination; and

(b) the transmitter complies with the details in relation to it that have been entered in the Register.

Note 1: Subclause (1) is a condition of the kind referred to in subsections 10(4A), (5A), (6A) and (7A) of the Register Determination. The Register Determination is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

Note 2: If details of a radiocommunications transmitter are not entered into the Register because the operation of the transmitter would not comply with a condition of the relevant licence (other than subclause (1)), subclause (1) also prohibits the operation of the transmitter.

(2) Subclause (1) does not apply in relation to any of the following radiocommunications transmitters (each a low risk transmitter):

(a) a radiocommunications transmitter that operates with a maximum total radiated power that is less than or equal to 23 dBm per occupied bandwidth; or
(b) an indoor transmitter; or
(c) a fixed transmitter that:

is not a base station; and
operates with a maximum total radiated power that is:

(A) greater than 23 dBm per occupied bandwidth; and
(B) less than or equal to 35 dBm per occupied bandwidth.