Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (45 of 2005)

Schedule 1   Amendments commencing on the establishment of the ACMA (other than general amendments to change abbreviated references)

Radiocommunications Act 1992

75   Section 31

Repeal the section, substitute:

31 Planning of broadcasting services bands

(1) The Minister may, after consulting the ACMA, and in accordance with the spectrum plan, by written instrument:

(a) designate a part of the spectrum as being primarily for broadcasting purposes; and

(b) refer it to the ACMA for planning under Part 3 of the Broadcasting Services Act 1992.

(2) If a subsection (1) designation is in force in relation to a particular part of the spectrum, the ACMA may make a written determination that licences, or specified kinds of licences, can be issued in specified circumstances in relation to that part of the spectrum, or in relation to a specified part or parts of that part of the spectrum.

(3) In making or varying a subsection (2) determination, the ACMA must:

(a) promote the objects, and have regard to the matters, described in section 23 of the Broadcasting Services Act 1992; and

(b) promote the object of this Act, to the extent this is not inconsistent with paragraph (a).

This subsection has effect subject to subsection (4).

(4) A subsection (2) determination (including as varied) must not be inconsistent with the spectrum plan.

(5) Subject to subsections (3) and (4), the ACMA may, by written instrument, vary a subsection (2) determination.

(6) The ACMA may, by written instrument, revoke a subsection (2) determination.