Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (151 of 2020)

Schedule 3   Licences etc.

Part 1   Amendment of the Radiocommunications Act 1992

Radiocommunications Act 1992

66   Section 105

Repeal the section, substitute:

105 Restrictions on issuing apparatus licences

(1) Subject to subsection (3), if a spectrum licence authorises the operation of radiocommunications devices:

(a) at one or more frequencies; and

(b) within one or more areas;

the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:

(c) at those frequencies; and

(d) within those areas.

(2) Subject to subsection (3), if a marketing plan is in force in relation to the issue of a spectrum licence that authorises the operation of radiocommunications devices:

(a) at one or more frequencies; and

(b) within one or more areas;

the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:

(c) at those frequencies; and

(d) within those areas.

(3) The ACMA may issue an apparatus licence mentioned in subsection (1) or (2):

(a) to a body or person covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body or person; or

(b) if it is satisfied that the special circumstances of the particular case justify the issuing of the licence.

105A Notice of apparatus licences that are about to expire

The ACMA may publish on its website a notice that:

(a) states where information may be obtained about:

(i) the apparatus licences that are included in a specified class and that will expire during a specified period; and

(ii) the parts of the spectrum to which the licences relate; and

(b) invites applications from persons who wish to have issued to them apparatus licences relating to those parts of the spectrum.