Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 36

             (1)  The Minister may, after consultation with the ACMA, give to the ACMA a written notice designating a specified part of the spectrum to be allocated by issuing spectrum licences.

             (2)  The notice is to be expressed to apply with respect to one or more specified areas.

             (3)  The ACMA may, at the Minister's request or on its own initiative, make recommendations to the Minister about notices that should be given.

             (4)  Before making a recommendation, the ACMA must give members of the public reasonable opportunity to make representations to the ACMA about the recommendation it should make.

             (5)  The Minister must not give a notice that relates wholly or partly to a part of the spectrum referred to the ACMA under subsection 31(1) or (1A), unless the part of the spectrum that the notice relates to is covered by a determination under subsection 31(2).

             (6)  If there is in force a spectrum re‑allocation declaration stating that a particular part of the spectrum is subject to re‑allocation with respect to a particular area, then, during the re‑allocation period for the declaration, the Minister must not give a notice under this section that relates wholly or partly to that part of the spectrum with respect to the whole or a part of that area.

             (7)  If, at the beginning of the re‑allocation period for a spectrum re‑allocation declaration:

                     (a)  the declaration states that a particular part of the spectrum is subject to re‑allocation with respect to a particular area; and

                     (b)  a notice is in force under this section designating a particular part of the spectrum to be allocated by issuing spectrum licences with respect to a particular area; and

                     (c)  the part and area covered by the declaration overlap, to any extent, with the part and area covered by the notice;

then:

                     (d)  the notice; and

                     (e)  any conversion plan prepared by the ACMA on receiving the notice; and

                      (f)  any marketing plan prepared by the ACMA on receiving the notice;

cease to have effect at the beginning of that period, to the extent of the overlap.

             (8)  If:

                     (a)  because of subsection (7), Subdivision A of Division 1 of Part 3.2 ceases to apply to a particular apparatus licence at a particular time; and

                     (b)  before that time, the ACMA gave the licensee an offer under section 56 to issue a spectrum licence to replace the apparatus licence;

subsection (7) does not prevent:

                     (c)  the licensee accepting the offer; or

                     (d)  the ACMA issuing the spectrum licence.