Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 31

             (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 or restricted datacasting services, or both,; and

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

          (1A)  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 partly for the purpose of:

                              (i)  digital radio broadcasting services; and

                             (ii)  restricted datacasting services; and

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

          (1B)  Subsection (1A) does not limit subsection (1).

          (1C)  The Minister may, by written instrument, determine that a designation under subsection (1A) ceases to be in force at a specified time.

          (1D)  The Minister may, by written instrument, determine that a designation under subsection (1A) has effect only in relation to one or more specified areas of Australia.

             (2)  If a subsection (1) or (1A) 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.

             (7)  An instrument under subsection (1), (1A), (1C), (1D), (5) or (6) is not a legislative instrument.

             (8)  A determination under subsection (2) is not a legislative instrument.