10Transitional — radiocommunications transmitter registered before commencement of this instrument

10 Transitional – radiocommunications transmitter registered before commencement of this instrument

(1) If a radiocommunications transmitter was included in the Register in relation to a 2.3 GHz band spectrum licence before the commencement of this instrument (relevant transmitter), and is taken to cause an unacceptable level of interference under section 8, this section applies in relation to that transmitter. (2) Subject to subsection (3), for the purposes of subsection 145(4) of the Act, a level of interference caused by a relevant transmitter is unacceptable if it would have been unacceptable under the Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2013, as in force at the time the relevant transmitter was included in the Register.

Note: The Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2013 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

(3) For the purposes of subsection 145(4) of the Act, if: (a) after the commencement of this instrument, both: (i) a detail of a relevant transmitter changes (relevant change); and (ii) the change to the detail is recorded in the Register; and (b) the distance of the new device boundary of the relevant transmitter is, on each radial mentioned in item 1 of Schedule 1, equal to or less than the distance of the old device boundary of the relevant transmitter on that radial; and (c) but for the effect of this subsection, a level of interference caused by the relevant transmitter, immediately after the change time, would be unacceptable; the level of interference caused by the relevant transmitter, immediately after the change time, is not unacceptable because of the relevant change. (4) In subsections (3):

change time, for a relevant transmitter, means the time the relevant change is recorded in the Register.

new device boundary, of a relevant transmitter, means the device boundary of the transmitter established immediately after the change time, in accordance with this instrument as in force at the change time.

old device boundary, of a relevant transmitter, means the device boundary of the transmitter established immediately before the change time, in accordance with the Radiocommunications (Unacceptable Levels of Interference – 2.3 GHz Band) Determination 2013, as in force at the registration time.

registration time, for a relevant transmitter, means the time the transmitter was included in the Register.