Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 114

             (1)  Subject to subsections (2), (3), (3AA), (3A), (3B), (3D) and (3F), a licensee of an apparatus licence may, by written instrument, authorise other persons to operate radiocommunications devices under the licence.

             (2)  The licensee must not authorise a person if to do so would be inconsistent with determinations of the ACMA under section 115.

             (3)  The licensee must not authorise a person if:

                     (a)  the person has been issued an apparatus licence that:

                              (i)  was or is of the same type as the licensee's licence; and

                             (ii)  authorised operation of radiocommunications devices of the same kind as those to which the licensee's licence relates; and

                     (b)  the person's licence:

                              (i)  is suspended; or

                             (ii)  has been cancelled within the last 2 years.

       (3AA)  The licensee must not authorise a person if:

                     (a)  the licence is a digital radio multiplex transmitter licence; and

                     (b)  the person is not a qualified company.

          (3A)  The licensee must not authorise a person if:

                     (a)  the licence is a datacasting transmitter licence; and

                     (b)  the person is not a qualified company.

          (3B)  The licensee must not authorise a person if:

                     (a)  the licence is a datacasting transmitter licence; and

                     (b)  the licensee did not, at least 30 days before the authorisation took place, give to the ACMA a written notice stating the licensee's intention to authorise the person.

          (3C)  If:

                     (a)  the ACMA receives a notice of intention under subsection (3B); and

                     (b)  the ACMA is satisfied that the authorisation would result in a breach of the BSA control rules;

the ACMA may, by written notice given to the licensee within 30 days after the notice of intention was sent to the ACMA, direct the licensee not to authorise the person.

          (3D)  The licensee must not authorise a person in breach of a direction under subsection (3C).

          (3E)  If:

                     (a)  the ACMA receives a notice of intention under subsection (3B); and

                     (b)  the ACMA is satisfied that the authorisation would not result in a breach of the BSA control rules;

the ACMA must, by written notice given to the licensee, inform the licensee accordingly.

           (3F)  If the licensee gives a notice of intention to the ACMA under subsection (3B), the licensee must not authorise the person concerned until whichever of the following first happens:

                     (a)  the licensee receives a notice from the ACMA in relation to the authorisation under subsection (3C) or (3E);

                     (b)  the end of 30 days after the notice of intention was sent to the ACMA.

             (4)  Authorising other persons does not prevent the licensee doing anything in accordance with the licence.