5Application

5 Application

(1) Subject to subsection (2), every transmitter licence is subject to the conditions in this instrument.

Note 1: A person is required, when operating a radiocommunications device under an apparatus licence, to comply with any conditions of the licence (see subsection 97(4) and section 113 of the Act). By this instrument, the ACMA has determined that each transmitter licence is taken to include licence conditions that ensure that electromagnetic radiation emitted by a radiocommunications transmitter operated by a person under a transmitter licence does not exceed safe levels for general public exposure.

Note 2: The ACMA may obtain information or documents under section 284S of the Act that relate to compliance or non-compliance with the conditions in this instrument.

(2) If: (a) a condition is specified in a transmitter licence under paragraph 107(1)(g) of the Act, or imposed on the licence under paragraph 111(1)(a) of the Act; and (b) that condition is inconsistent with a condition specified in this instrument; then, to the extent of any inconsistency, the condition mentioned in paragraph (a) prevails.