Radiocommunications Act 1989

1: Short Title
This Act may be cited as the Radiocommunications Act 1989.
2: Interpretation
1: In this Act, unless the context otherwise requires,— adjacent frequencies emission limit
a: frequencies other than frequencies within the range of frequencies to which the record relates; and
b: frequencies within a range that has as its upper or lower limit a frequency that constitutes a boundary of the range of frequencies to which the record of management rights relates adjacent manager advertising programme section 2 approved radio engineer section 130 auditor Companies Act 1993 boundary broadcast section 2 co-channel emissions (other than unwanted emissions) Convention on International Civil Aviation
a: any amendment to the Convention which has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and
b: any Annex or amendment to the Convention accepted under Article 90 of the Convention to the extent adopted by New Zealand; and
c: the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation organisation under Article 37 of the Convention, to the extent adopted by New Zealand court Registrar current management rights section 47A(1) e.i.r.p. emission financial year harmful interference inappropriate receiver section 134(1B) induction infringement fee section 134(1)﻿(jb) infringement offence
a: an offence under section 24A
b: an offence prescribed as an infringement offence in regulations made under section 134(1)﻿(ja) instrument Parts 2 to 10 interference
a: means the effect of radio waves owing to 1 or more emissions, radiations, or inductions, or any combination of 1 or more of those things, on the reception of radiocommunications; but
b: does not include any effect on the reception of radiocommunications by inappropriate receivers interfering equipment International Convention for the Safety of Life at Sea
a: the Annex to that Convention; and
b: all amendments of that Convention; and
c: all protocols to that Convention International Radio Regulations ITU-R reports and recommendations
a: any amendments or additions to any such reports or recommendations; and
b: any reports or recommendations adopted in substitution for any such reports or recommendations manager
a: means a person named in a record of management rights as the manager of the range of frequencies to which the record of management rights relates; and
b: includes,—
i: in relation to the transfer of management rights, a mortgagee who, in right of a mortgage of management rights, is entitled to exercise the power referred to in section 78(a)
ii: in relation to the granting of spectrum licences under section 48 section 78(b) Minister power floor programme section 2 protection area protection limit radiation radio apparatus radiocommunications radio licence Part 13 Radio New Zealand section 2 section 19 section 5 radio receiver radio transmitter radio waves record of management rights
a: means a record of management rights constituted under section 10(2)
b: includes a record of management rights created under section 45 47 47B reference standard section 133 register
a: when used as a noun, means the Register of Radio Frequencies established under section 5
b: when used as a verb, means to record on the register Registrar section 4 a Deputy rightholder
a: means the holder for the time being of a spectrum licence; and
b: includes a mortgagee who, in right of a mortgage of a spectrum licence, is entitled to enjoy or exercise the rights of the rightholder Secretary spectrum licence Part 6 successive management rights section 47A(1) supply susceptible equipment unwanted emission unwanted emission limit
a: frequencies that are within a range of frequencies—
i: specified in the record of management rights to which a spectrum licence relates; or
ii: subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and
b: frequencies that are not within the frequency band specified in the spectrum licence.
2: For the purposes of this Act, information is deemed to be recorded in the register when it has been entered and recorded in the computer (including ancillary devices used for the purpose of recording information in electronic form) for the time being used for the purpose of keeping the register. Section 2(1) substituted 12 October 2001 section 3 Radiocommunications Amendment Act 2000 Section 2(1) co-channel emissions amended 15 December 2005 section 3 Radiocommunications Amendment Act (No 2) 2005 Section 2(1) current management rights inserted 31 October 2006 section 5(1) Radiocommunications Amendment Act 2006 Section 2(1) inappropriate receiver inserted 31 October 2006 section 5(2) Radiocommunications Amendment Act 2006 Section 2(1) infringement offence substituted 31 October 2006 section 5(3) Radiocommunications Amendment Act 2006 Section 2(1) interference substituted 31 October 2006 section 5(4) Radiocommunications Amendment Act 2006 Section 2(1) Radio New Zealand amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) record of management rights substituted 31 October 2006 section 5(5) Radiocommunications Amendment Act 2006 Section 2(1) Registrar amended 20 September 2007 section 4 Radiocommunications Amendment Act 2007 Section 2(1) Secretary substituted 31 October 2006 section 5(6) Radiocommunications Amendment Act 2006 Section 2(1) successive management rights inserted 31 October 2006 section 5(7) Radiocommunications Amendment Act 2006
3: Act to bind the Crown
This Act binds the Crown.
1: Administration
4: Appointment of Registrar and Deputy Registrars
1: There must be—
a: a Registrar of Radio Frequencies; and
b: 1 or more Deputy Registrars of Radio Frequencies.
2: Each Registrar and Deputy Registrar must be appointed under the Public Service Act 2020
3: Subject to the control of the Registrar, a Deputy Registrar has and may exercise or perform all the powers, duties, and functions of the Registrar.
4: The fact that a Deputy Registrar exercises or performs any of the powers, duties, or functions of the Registrar is conclusive evidence of the Deputy Registrar's authority to do so. Section 4 substituted 20 September 2007 section 5 Radiocommunications Amendment Act 2007 Section 4(2) amended 7 August 2020 section 135 Public Service Act 2020
5: Register of Radio Frequencies
The Registrar must establish and maintain a register for the purpose of maintaining records of interests or uses relating to radio frequencies. Section 5 substituted 12 October 2001 section 4 Radiocommunications Amendment Act 2000
6: Form of register
1: Subject to this Act, the register shall be kept in such form as the Registrar considers appropriate.
2: The register may be in the form of information stored by means of a computer.
3: The register shall contain—
a: each record of management rights; and
b: particulars of all transfers required by this Act to be registered affecting the frequencies to which each record of management rights relates; and
c: particulars of all spectrum
ca: particulars of all radio licences granted by the Secretary under Part 13
d: such other matters as are required or permitted by this Act to be registered. Section 6(3)﻿(c) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 6(3)﻿(ca) inserted 12 October 2001 section 5 Radiocommunications Amendment Act 2000
6A: Documents to be received in evidence
Every document purporting to be signed or issued by the Registrar, or by an employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, must be received in evidence, and must, in the absence of proof to the contrary, be deemed to be signed or issued by or under the direction of the Registrar. Section 6A inserted 31 October 2006 section 6 Radiocommunications Amendment Act 2006
7: Registrar to have and use seal of office
Section 7 repealed 15 December 2005 section 4 Radiocommunications Amendment Act (No 2) 2005
8: Sealed documents to be received in evidence
Section 8 repealed 15 December 2005 section 5 Radiocommunications Amendment Act (No 2) 2005
2: Radio frequencies registered under this Act
9: Applications to register radio frequencies
1: A record of management rights in relation to a radio frequency may be recorded in the register only on the application of the Secretary.
2: Every application to record in the register a record of management rights in relation to a radio frequency shall be in the prescribed form.
10: Registration of
management rights for
1: The Registrar shall receive applications from the Secretary, in the prescribed form, for the recording of a record of management rights in relation to any radio frequencies.
1A: The Secretary may make applications for successive management rights in respect of a radio frequency, but the commencement date specified in each successive application must not be earlier than the day after the expiry date of the preceding management right.
2: Subject to section 38 Section 10 heading amended 12 October 2001 section 6(1) Radiocommunications Amendment Act 2000 Section 10(1A) inserted 12 October 2001 section 6(2) Radiocommunications Amendment Act 2000 Section 10(2) amended 12 October 2001 section 6(3) Radiocommunications Amendment Act 2000
11: Record of management rights
1: Every record of management rights constituted under section 10(2)
2: Every record of management rights shall be given a reference number at the time that the radio frequencies to which it relates are registered.
3: Part 3 section 14(b) section 10 section 16
11A: Creation of successive records of management rights
A record of management rights may be created at any time and from time to time, but where more than 1 record of management rights is created for a frequency, the commencement date for the subsequent record of management rights must not be earlier than the day after the date on which the previous management rights expire. Section 11A inserted 12 October 2001 section 7 Radiocommunications Amendment Act 2000
11B: Variation of conditions in record of management rights
1: The conditions that apply to spectrum
2: The Registrar must be notified of any agreement referred to in subsection (1) in the prescribed form.
3: Nothing in this section affects the operation of sections 57 57A 57B 57C
4: No variation, addition, or removal of a condition made under subsection (1) applies to a spectrum Section 11B inserted 19 December 2002 section 3 Radiocommunications Amendment Act 2002 Section 11B(1) amended 31 October 2006 section 7(1) Radiocommunications Amendment Act 2006 Section 11B(4) amended 31 October 2006 section 7(2) Radiocommunications Amendment Act 2006
12: Part 13 to cease to apply to frequencies registered under this Act
Section 12 repealed 12 October 2001 section 8 Radiocommunications Amendment Act 2000
3: Registration
13: When instruments deemed registered
Every instrument registered under this Act shall be deemed to be registered for the purposes of this Act at the time recorded in the register as the time at which the instrument was registered.
14: Instruments to be in duplicate and witnessed
Section 14 repealed 15 December 2005 section 6 Radiocommunications Amendment Act (No 2) 2005
15: Priority according to time of registration
1: Instruments presented for registration under this Act shall be registered in the chronological order in which they are received by the Registrar.
2: Registered instruments that relate to or affect the same interest in the same radio frequencies shall have priority in the order in which they are registered.
16: Application for registration
1: The Registrar shall receive applications to register particulars of all instruments required by this Act to be registered.
2: Every application under subsection (1)—
a: shall be made by presenting an instrument in the prescribed form; and
b: shall contain such particulars as are specified in the form; and
c: shall be executed in the manner specified in the form; and
d: shall be accompanied by the prescribed fee (if any).
17: Registration procedure
On receipt of an application that complies with section 16
a: record in the register the particulars set out in the instrument required by this Act to be registered and the time at which the particulars are so recorded; and
b: issue a certificate as to the particulars recorded in the register pursuant to paragraph (a); and
c: retain a record of the instrument in the Registrar's office; and
d: forward the certificate issued under paragraph (b) to the person who presented the instrument for registration.
e: Section 17(c) substituted 15 December 2005 section 7 Radiocommunications Amendment Act (No 2) 2005 Section 17(d) substituted 15 December 2005 section 7 Radiocommunications Amendment Act (No 2) 2005 Section 17(e) repealed 15 December 2005 section 7 Radiocommunications Amendment Act (No 2) 2005
18: Procedure in relation to defective applications for registration
Where any instrument lodged for registration with the Registrar is found not to be in order for registration, the Registrar may—
a: return the instrument and all other instruments lodged in connection with that instrument, or such of them as the Registrar thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them; or
b: retain the instrument pending rectification of any matter required by the Registrar to be rectified.
19: Failure to comply with requisition
If any requisition made by the Registrar in respect of any instrument retained for rectification under section 18 given by post, delivery, or electronic transmission (for example, by fax or email)
a: may refuse to complete or proceed with the registration of the instrument or to do any act or make any entry in relation to the instrument; and
b: may return the instrument and all other instruments lodged in connection with the instrument, or such of those instruments as the Registrar thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them. Section 19 amended 15 December 2005 section 8 Radiocommunications Amendment Act (No 2) 2005
20: Fees in relation to defective applications
1: Where any instrument is returned as provided in section 18(a) section 18(a)
2: Where any instrument is returned as provided in section 19(b)
3: Nothing in this section applies in respect of any spectrum licence that is returned under section 25(1) section 57C Section 20(3) substituted 12 October 2001 section 9 Radiocommunications Amendment Act 2000
21: Copies of documents and requisitions
Before returning any instrument in accordance with section 18 section 19
a: shall make a copy of the instrument; and
b: shall attach to the copy of the instrument a copy of the requisition specifying the matters required to be rectified, and, where applicable, of the notice forwarded under section 19
c: shall file the copies made under paragraphs (a) and (b) in the Registrar's office as if the instrument had been registered.
22: Returned instrument deemed not to have been presented for registration
Where any instrument is returned pursuant to section 18 section 19 section 25
23: Application for correction of register
1: Every person who presents an instrument for registration under section 16 section 17(b)
2: Every application made under subsection (1) shall be in the prescribed form, and shall be accompanied by a copy of the certificate issued under section 17(b) Section 23(1) substituted 31 October 2006 section 8 Radiocommunications Amendment Act 2006
24: Correction of register
1: Where, upon receipt of a request under section 23
2: The Registrar may, of the Registrar's own motion, correct the register (recording on the register the nature of the correction and the time at which the correction was made) if the Registrar is satisfied that the register—
a: does not record accurately the particulars set out in an instrument to which an entry in the register relates; or
b: requires updating because a rightholder or manager or holder of a radio licence has changed that person's name or address, or because a name or address is wrongly entered in the register; or
c: is incorrect for any other reason.
2A: Subsection (2) applies whether or not a person has requested that the Registrar correct the register under section 23
3: As soon as practicable after correcting the register under subsection (1), the Registrar shall notify the person who made the application under section 16
4: Section 24(2) substituted 31 October 2006 section 9(1) Radiocommunications Amendment Act 2006 Section 24(2A) inserted 31 October 2006 section 9(1) Radiocommunications Amendment Act 2006 Section 24(4) repealed 31 October 2006 section 9(2) Radiocommunications Amendment Act 2006
24A: Duty to notify change of name or address
1: If a rightholder or manager or holder of a radio licence changes that person's name or address, that person must, within 1 month after the change, notify the Registrar of the person's new name or address.
2: A breach of subsection (1) is an infringement offence. Section 24A inserted 31 October 2006 section 10 Radiocommunications Amendment Act 2006
25: Registrar's duties in relation to registration of spectrum licences
1: Where an instrument received by the Registrar for registration under section 16(1) section 48 section 18(a)
2: The Registrar must not register any spectrum licence unless an instrument received by the Registrar for registration under section 16(1) section 48
3: The Registrar must not register any spectrum licence where that spectrum licence specifies unwanted emission limits applying to that spectrum licence, and the maximum power of emissions on any frequency to which the unwanted emissions limit applies exceeds any adjacent frequencies emission limit on the management right to which the spectrum licence relates.
4: The Registrar must not register any spectrum licence unless the Registrar receives, from or on behalf of the applicant for registration, a certificate from an approved radio engineer dated not more than 3 months before the receipt of that certificate by the Registrar.
5: The radio engineer's certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence relates—
a: will not endanger the functioning of any radio navigation service; and
b: will not endanger the functioning of any radio service essential to the protection of life and property; and
c: will not cause harmful interference to rights conferred by registered spectrum or radio licences; and
d: is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and
e: will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.
6: Where an instrument received by the Registrar for registration under section 16(1) section 48
a: the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search by virtue of section 28
b: if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the spectrum licence, and must return the spectrum licence in accordance with section 18(a)
7: Except as provided in subsections (1) to (6), it is not the duty of the Registrar to determine whether or not the exercise of any or all of the rights to which a spectrum licence received for registration under section 16(1) Section 25 substituted 12 October 2001 section 10 Radiocommunications Amendment Act 2000
25A: Matters relevant to radio engineer's certificate under section 25
A radio engineer issuing a certificate under section 25
a: must, before issuing the certificate, have regard to—
i: the nature and characteristics of the rights described in the spectrum licence; and
ii: the International Radio Regulations; and
iii: the ITU-R reports and recommendations; and
iv: Annex 10 of the Convention on International Civil Aviation; and
v: the International Convention for the Safety of Life at Sea; and
vi: the nature of the service proposed to be operated under the spectrum licence; and
vii: any relevant reference standards issued by the Secretary; but
b: must not, in considering whether to issue the certificate, have regard to the reception of radio waves by inappropriate receivers. Section 25A inserted 31 October 2006 section 11 Radiocommunications Amendment Act 2006
26: Registration of
spectrum
1: Where—
a: an instrument received by the Registrar for registration under section 16(1) spectrum section 48 sections 57 57A 57B 57C
b: a mortgage of the management rights pursuant to which the spectrum the Registrar shall not register that spectrum spectrum
2: Every such acknowledgment shall be in the prescribed form and shall be signed by the mortgagee. Section 26 substituted 28 August 1990 Radiocommunications Amendment Act (No 2) 1990 Section 26 amended 12 October 2001 section 11 Radiocommunications Amendment Act 2000 Section 26(1) amended 12 October 2001 section 11(a) Radiocommunications Amendment Act 2000 Section 26(1)﻿(a) amended 12 October 2001 section 11(a) Radiocommunications Amendment Act 2000 Section 26(1)﻿(a) amended 12 October 2001 section 11(b) Radiocommunications Amendment Act 2000 Section 26(1)﻿(b) amended 12 October 2001 section 11(a) Radiocommunications Amendment Act 2000
27: Instruments not effectual until registered
1: No instrument that purports—
a: to transfer or mortgage management rights in relation to radio frequencies in respect of which a record of management rights has been recorded under this Act; or
b: to grant or transfer or mortgage any spectrum shall have effect until it is registered in accordance with this Part.
2: If 2 or more instruments executed by the same manager or rightholder, and purporting to transfer management rights in relation to the same radio frequencies, or to transfer the same spectrum Section 27(1)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 27(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
28: Register to be open for search
1: Any person may, upon payment of the prescribed fee, have access to the register for the purpose of determining whether or not any radio frequency is subject to a record of management rights, a spectrum licence, or a radio licence and determining the identity of the owner of a management right, a rightholder, or the holder of a radio licence.
2: The register must be so arranged that it may be searched by—
a: reference number; or
b: frequency band or frequency within a frequency band; or
c: any other search reference specified in regulations made under this Act.
3: The Registrar must not disclose, otherwise than in accordance with this section,—
a: any information that will identify, or assist a person to identify, the residential address of any manager, rightholder, or holder of a radio licence where that manager, rightholder, or holder of a radio licence is a natural person and that manager, rightholder, or holder of a radio licence has advised the Registrar in writing that that person does not authorise the disclosure of such information; or
b: any record where the Secretary has advised the Registrar in writing that the record contains information that would be likely to prejudice the security or defence of New Zealand.
4: Information protected in accordance with this section may be disclosed to the persons or class of persons prescribed in regulations made under this Act for the purposes prescribed in those regulations. Section 28 substituted 12 October 2001 section 12 Radiocommunications Amendment Act 2000
29: Registrar to issue search copies
1: The Registrar shall, upon application and payment of the prescribed fee, furnish to any person a copy of any record in the register.
2: Nothing in subsection (1) requires the Registrar to furnish to any person a copy of any record if permission to search that record has been or could be declined to that person pursuant to section 28(3) Section 29(2) amended 12 October 2001 section 13 Radiocommunications Amendment Act 2000
30: Certified copies of register to be evidence
1: The Registrar shall, upon application and payment of the prescribed fee, furnish to any person a certified copy of any record in the register.
2: Every such certified copy signed by the Registrar
3: Nothing in subsection (1) requires the Registrar to furnish to any person a certified copy of any record if permission to search that record has been or could be declined to that person pursuant to section 28(3)
4: This section does not apply to records of radio licences. Section 30(2) amended 15 December 2005 section 9 Radiocommunications Amendment Act (No 2) 2005 Section 30(3) amended 12 October 2001 section 14(1) Radiocommunications Amendment Act 2000 Section 30(4) added 12 October 2001 section 14(2) Radiocommunications Amendment Act 2000
31: High Court may investigate cases of lost instruments
Where any instrument executed for the purpose of transferring or mortgaging management rights in relation to any radio frequencies, or granting or transferring or mortgaging any spectrum Section 31 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
32: Court may order registration of interest
1: Upon proof to the satisfaction of the court—
a: that an instrument to which section 31
b: that the applicant is entitled to have the interest to which the application relates registered; and
c: that due notice of the application has been given—
i: to the manager intended to be affected; and
ii: to all other parties having an interest in the application,— the court may make an order defining and declaring the interest of the applicant under the instrument, and requiring the Registrar to amend the register accordingly.
2: The Registrar shall comply with any order made under subsection (1).
3: Every registration effected pursuant to an order made under subsection (1) shall have effect from the date on which the Registrar amends the register in compliance with the order as if the original instrument had been duly registered, and that instrument shall for the purposes of this Act be deemed to have been in the terms or to the effect specified in the order.
33: Expiry of registration
At the close of the day specified in a record of management rights as the expiry date of the record of management rights,—
a: all rights conferred by this Act on the manager in relation to the frequencies in the management right, every rightholder in relation to those frequencies, and every other person recorded on the register as having an interest in those frequencies, expire; and
b: the management rights expire and the provisions of Part 13 Section 33 substituted 12 October 2001 section 15 Radiocommunications Amendment Act 2000
4: Record of management rights
Content of record of management rights
34: Content of record of management rights
Every record of management rights shall specify—
a: the name and address of the manager; and
b: the range of frequencies to which the record of management rights relates; and
c: the adjacent frequencies emission limits applying to the frequencies to which the record of management rights relates; and
d: the protection limit applying to the frequencies to which the record of management rights relates; and
da: the power floor applying to the frequencies to which the record of management rights relates; and
e: any conditions applying to the spectrum
i: in the case of a record of management rights entered on the register pursuant to section 10(2)
ii: in the case of a record of management rights that is created pursuant to section 45(1) section 44
iii: in the case of a record of management rights that is created under section 47(1) section 46
iv: in the case of a record of management rights that is created under section 47B(1) section 47A
ea: any variation, addition, or removal of a condition that applies to the spectrum
f: the commencement date of the record of management rights, being,—
i: in the case of a record of management rights constituted under section 10(2)
ii: in the case of a record of management rights that is created pursuant to section 45(1) section 44
iii: in the case of a record of management rights that is created under section 47(1) section 46
iv: in the case of a record of management rights that is created under section 47B(1) section 47A
g: the expiry date applying to the record of management rights, being,—
i: in the case of a record of management rights constituted under section 10(2) 20 years from the commencement date of the record of management rights
ii: in the case of a record of management rights that is created pursuant to section 45(1) section 44
iii: in the case of a record of management rights that is created under section 47(1) section 46
iv: in the case of a record of management rights that is created under section 47B(1) section 47A
h: the reference number of every spectrum licence, where any of the frequencies within the frequency band to which that spectrum licence relates is within the range of frequencies to which the management right relates. Section 34(a) substituted 12 October 2001 section 16(1)﻿(a) Radiocommunications Amendment Act 2000 Section 34(da) inserted 12 October 2001 section 16(1)﻿(b) Radiocommunications Amendment Act 2000 Section 34(e) amended 12 October 2001 section 16(1)﻿(c) Radiocommunications Amendment Act 2000 Section 34(e)﻿(iii) substituted 31 October 2006 section 12(1) Radiocommunications Amendment Act 2006 Section 34(e)﻿(iv) added 31 October 2006 section 12(1) Radiocommunications Amendment Act 2006 Section 34(ea) inserted 19 December 2002 section 4 Radiocommunications Amendment Act 2002 Section 34(ea) amended 31 October 2006 section 12(2) Radiocommunications Amendment Act 2006 Section 34(f)﻿(iii) substituted 31 October 2006 section 12(3) Radiocommunications Amendment Act 2006 Section 34(f)﻿(iv) added 31 October 2006 section 12(3) Radiocommunications Amendment Act 2006 Section 34(g)﻿(i) amended 31 October 2006 section 12(4) Radiocommunications Amendment Act 2006 Section 34(g)﻿(iii) substituted 31 October 2006 section 12(5) Radiocommunications Amendment Act 2006 Section 34(g)﻿(iv) added 31 October 2006 section 12(5) Radiocommunications Amendment Act 2006 Section 34(h) substituted 12 October 2001 section 16(2) Radiocommunications Amendment Act 2000 Power floors Heading inserted 12 October 2001 section 17 Radiocommunications Amendment Act 2000
34A: Power floors applying when radio frequencies registered under Act
1: Unless section 34B section 34C
2: Where no power floor is specified in an application for management rights for a frequency, the power floor is –50dBW. Section 34A inserted 12 October 2001 section 17 Radiocommunications Amendment Act 2000
34B: Modification of power floors
Where the Secretary and any manager agree to modify the power floor applying to any 1 or more frequencies to which the manager's record of management rights relates, they may present to the Registrar for the purposes of registration a notice in the prescribed form specifying—
a: the power floor that is to apply, under the agreement, to any 1 or more frequencies to which that record of management rights relates; and
b: the date from which the modified power floor or floors apply. Section 34B inserted 12 October 2001 section 17 Radiocommunications Amendment Act 2000
34C: Power floors applying after creation of records of management rights under
section 45(1), 47(1), or 47B(1)
1: Where, under section 44(1) section 45(1)
2: If, under section 46(1) section 47A(3) section 47(1) section 47B(1) Section 34C inserted 12 October 2001 section 17 Radiocommunications Amendment Act 2000 Section 34C heading amended 31 October 2006 section 13(1) Radiocommunications Amendment Act 2006 Section 34C(2) substituted 31 October 2006 section 13(2) Radiocommunications Amendment Act 2006 Management rights ceiling Heading inserted 12 October 2001 section 17 Radiocommunications Amendment Act 2000
34D: Ceiling for management rights
Nothing in Parts 3 to 12 Part 16 Section 34D inserted 12 October 2001 section 17 Radiocommunications Amendment Act 2000 Protection limits
35: Protection limit applying when radio frequencies registered under Act
1: Subject to sections 36 37
2: The Registrar must not register a protection limit in relation to a record of management rights where the protection limit is lower than the power floor specified for any frequency within the range of frequencies to which the record relates. Section 35(2) substituted 12 October 2001 section 18 Radiocommunications Amendment Act 2000
36: Modification of protection limit
Where the Secretary and any manager agree to modify the protection limit applying to that manager's record of management rights, they may present to the Registrar for the purposes of registration a notice in the prescribed form specifying—
a: the protection limit that is to apply, pursuant to the agreement, to that record of management rights; and
b: the date from which the modified protection limit is to apply.
37: Protection limit applying after creation of records of management rights under
section 45(1), 47(1), or 47B(1)
1: Where, pursuant to section 44(1) section 45(1)
2: If, under section 46(1) section 47A(3) section 47(1) section 47B(1) Section 37 heading amended 31 October 2006 section 14(1) Radiocommunications Amendment Act 2006 Section 37(2) substituted 31 October 2006 section 14(2) Radiocommunications Amendment Act 2006 Adjacent frequencies emission limits
38: Restriction on registration of adjacent frequencies emission limits
Where an application is made to the Registrar under section 10
39: Adjacent frequencies emission limits applying when radio frequencies registered under Act
1: The adjacent frequencies emission limits relating to the range of frequencies to which each record of management rights relates shall be the adjacent frequencies emission limits specified in the application pursuant to which the record of management rights was recorded on the register.
2: Section 39(2) repealed 12 October 2001 section 19 Radiocommunications Amendment Act 2000
40: Modification of adjacent frequencies emission limits
1: Where any manager and any adjacent manager agree to modify the adjacent frequencies emission limit applying to any frequency or frequencies falling within the range of frequencies specified in the adjacent manager's record of management rights, they may present to the Registrar for the purposes of registration a notice in the prescribed form specifying—
a: the adjacent frequencies emission limit or adjacent frequencies emission limits that is or are to apply pursuant to the agreement; and
b: the date from which the modified adjacent frequencies emission limit or limits is or are to apply.
2: No modification of any adjacent frequencies emission limit or limits shall affect any unwanted emission limit applying to any spectrum
3: Section 40(2) amended 12 October 2001 section 20(1) Radiocommunications Amendment Act 2000 Section 40(3) repealed 12 October 2001 section 20(2) Radiocommunications Amendment Act 2000
41: Adjacent frequencies emission limits applying after creation of records of management rights under
section 45(1), 47(1), or 47B(1)
1: Where, pursuant to section 44(1) section 45(1)
a: in relation to the frequencies adjacent to the boundaries of the range of frequencies to which the cancelled record of management rights relates, the adjacent frequencies emission limits specified in the cancelled record of management rights as relating to those frequencies; and
b: in relation to the frequencies adjacent to the boundaries created as a result of the creation of the records of management rights, the adjacent frequencies emission limits specified in the notice of transfer pursuant to which the records of management rights are created.
2: If, under section 46(1) section 47A(3) section 47(1) section 47B(1) Section 41 heading amended 31 October 2006 section 15(1) Radiocommunications Amendment Act 2006 Section 41(2) substituted 31 October 2006 section 15(2) Radiocommunications Amendment Act 2006
5: Transfers
and aggregations Part 5 heading amended 31 October 2006 section 16 Radiocommunications Amendment Act 2006
42: Transfer by manager
1: Where a manager intends to transfer the manager's management rights, or such of the management rights as relate to part of the range of frequencies to which the manager's record of management rights relates, the manager may execute for the purpose of registration a notice of transfer in the prescribed form.
2: The manager must obtain the consent of the rightholder to a transfer of management rights proposed in accordance with this section, if—
a: a spectrum licence is in force at the time of the transfer; and
b: that spectrum licence provides that the spectrum licence may be modified by the rightholder alone; and
c: that spectrum licence applies to a frequency band of which some of the frequencies are in the part of the management right proposed to be transferred and some of the frequencies are in the part of the management right proposed to be retained by the manager. Section 42(2) added 12 October 2001 section 21 Radiocommunications Amendment Act 2000
43: New record of management rights unnecessary if management rights in respect of all frequencies transferred
If any notice of transfer purports to transfer management rights in respect of all radio frequencies to which a record of management rights relates, it shall not be necessary for the Registrar to cancel that record of management rights, and the record of the transfer endorsed on the record of management rights shall be sufficient evidence that the transferee named in that record is the manager in relation to the range of frequencies to which the notice relates, as if a record of management rights had been created in the name of the transferee.
44: Record of management rights to be cancelled on transfer of part of range of frequencies
1: If a notice of transfer purports to transfer the management rights in respect of part only of the range of frequencies specified in a record of management rights, the Registrar must record on the record of management rights that the record of management rights is cancelled.
2: The recording of the cancellation under subsection (1) has the effect of cancelling the record of management rights. Section 44 substituted 31 October 2006 section 17 Radiocommunications Amendment Act 2006
45: New records of management rights to be created for portion transferred and for balance
1: The Registrar, upon cancelling any record of management rights under section 44
a: a record of management rights in relation to the radio frequencies transferred; and
b: a record of management rights in relation to the radio frequencies retained by the manager.
2: The Registrar must record on every record of management rights created under subsection (1)—
a: the reference number of every spectrum licence that was recorded on the cancelled record of management rights, where any frequency within the frequency band to which that spectrum licence relates is within the range of frequencies to which the record of management rights relates:
b: any conditions recorded on the cancelled record of management rights, where those conditions applied to the whole of the cancelled management right or to any frequency within Section 45 heading substituted 12 October 2001 section 22(1) Radiocommunications Amendment Act 2000 Section 45(2) substituted 12 October 2001 section 22(2) Radiocommunications Amendment Act 2000 Section 45(2)﻿(b) amended 31 October 2006 section 18 Radiocommunications Amendment Act 2006
46: Aggregation of management rights
with common boundary
1: Subject to subsection (3), where a manager has the management rights in respect of ranges of frequencies that share a common boundary, the manager may request that the Registrar cancel the records of management rights relating to those ranges of frequencies, and create 1 record of management rights relating to all of those ranges of frequencies.
2: If, upon receipt of a request under subsection (1), the Registrar is satisfied—
a: that the request relates to ranges of frequencies that share a common boundary; and
b: that the person making the request, or on whose behalf the request is made, has the management rights in respect of the radio frequencies to which the request relates,— the Registrar shall record on the records of management rights to which the request relates that the records of management rights are cancelled, and such record shall have the effect of cancelling the records of management rights.
3: No request may be made under this section for the cancellation of any records of management rights relating to any ranges of frequencies unless the records of management rights to which the request relates all have the same expiry date applying to them. Section 46 heading amended 31 October 2006 section 19 Radiocommunications Amendment Act 2006
47: New record of management rights to be created for all rights to which request
under section 46
1: The Registrar, upon cancelling any records of management rights under section 46
2: The Registrar shall record on every record of management rights created under subsection (1) the reference number of every spectrum Section 47 heading amended 31 October 2006 section 20 Radiocommunications Amendment Act 2006 Section 47(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
47A: Aggregation of current and successive management rights
1: This section applies to a manager if—
a: the manager has management rights that expire in less than 5 years' time (the current management rights
b: the manager is also the manager of subsequent management rights created in relation to the same range of frequencies as the current management rights (the successive management rights
c: the records of management rights of both the current management rights and the successive management rights have—
i: the same power floors; and
ii: the same protection limits; and
iii: the same adjacent frequencies emission limits; and
iv: the same conditions applying to spectrum licences created in relation to those records; and
d: the commencement date of the record of management rights relating to the successive management rights is no more than 1 day after the expiry date applying to the record of management rights relating to the current management rights.
2: A manager to whom this section applies may request that the Registrar cancel the records of management rights of both the current management rights and the successive management rights, and create 1 record of management rights relating to the range of frequencies concerned.
3: If, upon receipt of a request under subsection (2), the Registrar is satisfied that subsection (1) applies, the Registrar must record on the records of management rights to which the request relates that the records of management rights are cancelled, and that recording of the cancellation has the effect of cancelling the records of management rights. Section 47A inserted 31 October 2006 section 21 Radiocommunications Amendment Act 2006 Section 47A(1)﻿(c)﻿(iv) substituted 27 March 2008 section 4 Radiocommunications Amendment Act 2008
47B: New record of management rights to be created for all rights to which request under section 47A relates
1: The Registrar, upon cancelling any records of management rights under section 47A
2: The Registrar must record on every record of management rights created under subsection (1) the reference number of every spectrum licence that was recorded on the cancelled records of management rights. Section 47B inserted 31 October 2006 section 21 Radiocommunications Amendment Act 2006
6: Registration of rightholders
48: Creation of spectrum licence by manager
1: Where a manager intends to reserve to himself or herself or to grant to any other person—
a: the right to transmit on a frequency band, and the right to have no harmful interference from co-channel emissions in the protection area on the frequency band within the range of frequencies specified in the manager's record of management rights; or
b: the right to transmit on a frequency band within the range of frequencies specified in the manager's record of management rights; or
c: the right to have no harmful interference from co-channel emissions in the protection area on a frequency band within the range of frequencies specified in the manager's record of management rights,— that manager may execute for the purposes of registration a spectrum licence in a form prescribed for spectrum licences granted or reserved under this section.
2: A spectrum licence is not valid until that licence is registered.
3: Any spectrum licence created under subsection (1)﻿(b) may be specified as a general user spectrum licence for the purposes of section 55A Section 48 substituted 12 October 2001 section 23 Radiocommunications Amendment Act 2000
49: Contents of spectrum licence
1: Every spectrum licence must specify—
a: the name and address of the rightholder; and
b: the frequency band within which radio waves may be transmitted; and
c: except for licences granted or reserved under section 48(1)﻿(b)
d: except for licences granted or reserved under section 48(1)﻿(c)
e: the commencement date of the spectrum licence, being a date not earlier than the commencement date of the record of management rights to which the spectrum licence relates; and
f: the expiry date of the spectrum licence, being a date not later than the expiry date of the record of management rights to which the spectrum licence relates; and
g: whether the spectrum licence may be transferred to another person by the rightholder with or without the consent of the manager; and
h: whether the spectrum licence may be cancelled by 1 or more of the rightholder, the manager, or the rightholder and manager together; and
i: whether the spectrum licence may be modified by 1 or more of the rightholder, the manager, or the rightholder and manager together; and
j: any conditions on the exercise of the right to transmit radio waves or the right to have no harmful interference under the spectrum licence, being conditions that do not contravene the conditions specified in the record of management rights to which the spectrum licence relates; and
k: any other matters that may be specified by regulations made under this Act.
2: A spectrum licence may specify that the spectrum licence is a general user spectrum licence for the purposes of section 55A Section 49 substituted 12 October 2001 section 23 Radiocommunications Amendment Act 2000
50: Contents of licence to transmit unwanted emissions
Section 50 repealed 12 October 2001 section 23 Radiocommunications Amendment Act 2000
51: Contents of licence conferring right to have no interference
Section 51 repealed 12 October 2001 section 23 Radiocommunications Amendment Act 2000
52: Reference number of
spectrum Every spectrum section 48
a: the reference number of the record of management rights to which it relates; and
b: a further reference number that uniquely identifies the spectrum Section 52 heading amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 52 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 52(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
53: Unwanted emission limits applying to licence
Section 53 repealed 12 October 2001 section 24 Radiocommunications Amendment Act 2000
54: Modification of unwanted emission limits
Section 54 repealed 12 October 2001 section 24 Radiocommunications Amendment Act 2000
54A: Modification of frequencies on a licence
Section 54A repealed 12 October 2001 section 24 Radiocommunications Amendment Act 2000
55: Transmissions by persons with agreement of rightholder
1: The rightholder in relation to a spectrum licence may enter into agreements with persons wishing to transmit on the frequency specified in the spectrum licence.
2: The terms of every agreement are deemed to include a condition that the person who has entered into the agreement with the rightholder will transmit only in accordance with—
a: the rightholder's spectrum licence:
b: conditions in the record of management rights in relation to which the rightholder's spectrum licence is registered:
c: the provisions of section 102
d: Schedule 1
3: Every transmission by a person who—
a: has entered into an agreement with a rightholder under this section; and
b: is transmitting in accordance with that agreement— is a transmission by the rightholder. Section 55 substituted 12 October 2001 section 25 Radiocommunications Amendment Act 2000
55A: Transmissions in accordance with general user spectrum licences
1: This section applies to every spectrum licence created under section 48(1)﻿(b)
2: A general user spectrum licence grants to every person permission to transmit radio waves on the frequency band specified in the general user spectrum licence if that person complies with—
a: any conditions specified in the record of management rights in relation to which the general user spectrum licence is registered; and
b: any conditions specified in the spectrum licence under section 49(1)﻿(j)
c: Schedule 1
3: No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency within the range of frequencies to which the unwanted emission limit specified in the general user spectrum licence applies, at a level greater than is specified in that general user spectrum licence as the unwanted emission limit applying to that frequency.
4: No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency that is not within the frequency band or the range of frequencies to which any unwanted emission limit specified in the general user spectrum licence applies, at a level greater than the power floor applying to that frequency in accordance with the record of management rights relating to that frequency at the time the general user spectrum licence was registered.
5: Every person who transmits radio waves on a frequency specified in a general user spectrum licence and who fails to comply with subsections (2), (3), or (4) commits an offence against this Act.
6: A person transmitting in accordance with a general user spectrum licence is not a rightholder and that person does not, by transmitting in accordance with a general user spectrum licence, acquire rights or obligations under sections 99 101 102 Section 55A inserted 12 October 2001 section 25 Radiocommunications Amendment Act 2000
56: Transfer of spectrum licence
1: If a rightholder intends to transfer the rightholder's spectrum licence, the rightholder may, for the purpose of registration, execute a notice of transfer in the prescribed form.
2: If a spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from the manager to the transfer of that spectrum licence.
3: If a part of the management rights to which a frequency band in a spectrum licence relates has been transferred to another person and the spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from all managers holding management rights to which the frequency band in that spectrum licence relates.
4: The transfer of a spectrum licence is not valid until the transfer is registered. Section 56 substituted 12 October 2001 section 25 Radiocommunications Amendment Act 2000
57: Modification or cancellation of spectrum licence by rightholder alone
1: Where a spectrum licence provides that the spectrum licence may be modified or cancelled by the rightholder alone and the rightholder wishes to modify any matter specified on the rightholder's spectrum licence or cancel the rightholder's spectrum licence, the rightholder may send to the Registrar, by electronic or other means and for the purposes of registration,
2:
3: The notice must specify—
a: the modification to the spectrum licence; and
b: the date from which the modification or cancellation is to apply.
4: As soon as practicable after receiving a notice under subsection (1), the Registrar must ensure that the details specified in the notice are sent, by electronic or other means, to the manager who has the management rights in relation to the frequency band or frequency bands within which it is permitted to transmit under the spectrum licence. Section 57 substituted 12 October 2001 section 25 Radiocommunications Amendment Act 2000 Section 57(1) amended 31 August 2012 section 4(1) Radiocommunications Amendment Act 2012 Section 57(2) repealed 31 August 2012 section 4(2) Radiocommunications Amendment Act 2012 Section 57(4) inserted 31 August 2012 section 4(3) Radiocommunications Amendment Act 2012
57A: Modification or cancellation of spectrum licence by manager alone
1: If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager alone and the manager in relation to that spectrum licence wishes to modify any matter specified on the spectrum licence or cancel the rightholder's spectrum licence, the manager may send to the Registrar, by electronic or other means and for the purposes of registration,
2:
3: The notice must specify—
a: the modification to the licence; and
b: the date from which the modification or cancellation is to apply.
4: As soon as practicable after receiving a notice under subsection (1), the Registrar must ensure that the details specified in the notice are sent, by electronic or other means, to the rightholder. Section 57A inserted 12 October 2001 section 25 Radiocommunications Amendment Act 2000 Section 57A(1) amended 31 August 2012 section 5(1) Radiocommunications Amendment Act 2012 Section 57A(2) repealed 31 August 2012 section 5(2) Radiocommunications Amendment Act 2012 Section 57A(4) inserted 31 August 2012 section 5(3) Radiocommunications Amendment Act 2012
57B: Modification or cancellation of spectrum licence by rightholder and manager
1: If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager and the rightholder together and the manager and the rightholder in relation to that spectrum licence agree to modify any matter specified on the spectrum licence or to cancel the spectrum licence, the manager or the rightholder may present to the Registrar for the purposes of registration a notice in the prescribed form.
2: Every notice presented under subsection (1) must be signed by both the manager and the rightholder.
3: The notice must specify—
a: the modification to the licence; and
b: the date from which the modification or cancellation is to apply. Section 57B inserted 12 October 2001 section 25 Radiocommunications Amendment Act 2000
57C: Modification of spectrum licence where 2 or more managers
If the reference number of a spectrum licence is recorded in accordance with section 45(2) Section 57C inserted 12 October 2001 section 25 Radiocommunications Amendment Act 2000 Section 57C amended 19 December 2002 section 5 Radiocommunications Amendment Act 2002
57D: Registrar's duties in relation to registration of modification or cancellation of spectrum licence
1: Where an instrument received by the Registrar for registration under section 16(1)
2: Where an instrument is a modification to the spectrum licence that proposes to modify the frequency band specified in the spectrum licence by including any frequency not within the range of frequencies on the record of management rights to which the spectrum licence relates, the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a)
3: Where—
a: an instrument is a modification to the spectrum licence that proposes to modify the unwanted emission limits specified in the spectrum licence or include unwanted emission limits in the spectrum licence; and
b: any frequency to which the unwanted emission limits specified in the modification to the spectrum licence apply is a frequency subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and
c: the maximum power of emissions specified as being permitted on that frequency exceeds the adjacent frequencies emission limit for that frequency in the record of management rights,— the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a)
4: The Registrar must not register any modification to a spectrum licence, other than a modification to any of the matters referred to in paragraphs (a), (g), (h), or (i) of section 49(1)
5: The radio engineer's certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence, as modified, relates—
a: will not endanger the functioning of any radionavigation service; and
b: will not endanger the functioning of any radio service essential to the protection of life and property; and
c: will not cause harmful interference to rights conferred by registered spectrum or radio licences; and
d: is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and
e: will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.
6: Where a modification to a spectrum licence is received by the Registrar,—
a: the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence, as modified, relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search under section 28(3)
b: if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the modification to the spectrum licence, and must return the modification to the spectrum licence in accordance with section 18(a)
7: The Registrar must not register a modification to a spectrum licence that purports to alter a provision of that spectrum licence relating to the cancellation of that licence.
8: Except as provided in subsections (1) to (7), it is not the duty of the Registrar to determine whether or not the effect of any modification to a spectrum licence received for registration under section 16(1) Section 57D inserted 12 October 2001 section 25 Radiocommunications Amendment Act 2000
57E: Matters relevant to radio engineer's certificate under section 57D
A radio engineer issuing a certificate under section 57D
a: must, before issuing the certificate, have regard to—
i: the nature and characteristics of the rights described in the spectrum licence; and
ii: the International Radio Regulations; and
iii: the ITU-R reports and recommendations; and
iv: Annex 10 of the Convention on International Civil Aviation; and
v: the International Convention for the Safety of Life at Sea; and
vi: the nature of the service proposed to be operated under the spectrum licence; and
vii: any relevant reference standards issued by the Secretary; but
b: must not, in considering whether to issue the certificate, have regard to the reception of radio waves by inappropriate receivers. Section 57E inserted 31 October 2006 section 22 Radiocommunications Amendment Act 2006
7: Guarantee of management rights to registered managers
Guarantee of management rights
58: Guarantee of management rights
1: Subject to subsection (3), the production of a certified copy of a record of management rights in the register shall, unless the contrary is proved by production of the register or a certified copy of the register, be held in every court of law or equity and for all purposes to be conclusive proof that the manager shown in the certified copy is entitled to the management rights in relation to the radio frequencies to which the certified copy relates.
2: Subject to subsection (3), the production of a certified copy of a spectrum
3: Nothing in subsection (1) or subsection (2) shall apply in respect of any action brought by any person deprived of management rights in relation to any radio frequencies, or of any rights as rightholder in relation to any spectrum spectrum
a: the person registered as manager or rightholder through fraud; or
b: a person deriving otherwise than as a transferee bona fide for value from or through a person registered as manager or rightholder through fraud. Section 58(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 58(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Protection of purchasers
59: Purchasers from registered manager or rightholder not affected by notice
Notwithstanding any rule of law or equity, except in the case of fraud, no person contracting or dealing with or taking or proposing to take a transfer from the manager in relation to any radio frequencies, or from a rightholder in relation to any spectrum
a: shall be required—
i: to inquire into or ascertain the circumstances in or the consideration for which that manager or any previous manager, or, as the case may require, that rightholder or any previous rightholder, is or was registered; or
ii: to see to the application of the purchase money or of any part of it; or
b: shall be affected by notice, direct or constructive, of any trust or unregistered interest, and the knowledge that any such trust or unregistered interest is in existence shall not of itself be imputed as fraud. Section 59 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
60: No liability on bona fide purchaser or mortgagee
1: This section applies to—
a: any person who has acquired management rights in relation to any radio frequencies, or any rights as rightholder in relation to any spectrum
b: any person to whom a mortgage of any management rights or spectrum spectrum
2: No person to whom this section applies shall be subject to action for recovery of damages, or be deprived of the management rights or spectrum spectrum spectrum
a: may have been registered as manager or rightholder through fraud or error, or under any void or voidable instrument; or
b: may have derived from a person registered as manager or rightholder through fraud or error, or under any void or voidable instrument. Section 60(1)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 60(1)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 60(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Compensation
61: Compensation for mistake or misfeasance of Registrar
Any person—
a: who sustains loss or damage through any omission, mistake, or misfeasance of the Registrar, or of any employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, in the execution of their respective duties; or
b: who is deprived of any management rights or spectrum spectrum spectrum spectrum section 58 spectrum may bring an action against the Crown for recovery of damages. Section 61(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
62: Compensation for loss occurring after search and before registration
1: In this section, unless the context otherwise requires,— first operative period purchase money search copy spectrum spectrum second operative period transaction to which this section applies spectrum spectrum
2: For the purposes of this section, except as the parties may expressly agree a transaction is settled when the purchaser pays, gives, or otherwise makes available to the vendor the purchase money or other consideration, either in full or to the extent necessary to entitle the purchaser, in terms of the agreement or arrangement relating to the transaction, to call upon the vendor to do everything required of the vendor under that agreement or arrangement to enable the purchaser to register the interest to which the transaction relates.
3: Any purchaser under a transaction to which this section applies who obtains, at any time during the first operative period, a search copy in respect of the management rights or spectrum spectrum
a: no entry or memorial in the register relating to that registration or lodging appears in the search copy; and
b: the registration or lodging was effected at any time before the expiry of the second operative period or the sooner registration of all instruments and other documents necessary to give effect to the transaction.
4: For the purposes of an action under this section, the court may, on application made to it in that behalf by the purchaser (whether before or after the expiry of the second operative period), extend the second operative period for such length of time as it thinks just where it is satisfied that the registration of all instruments and other documents giving effect to the transaction have not been registered within that period and that the delay in such registration is attributable otherwise than to the fault of the purchaser, or of the purchaser's solicitor or agents. Section 62(1) search copy amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 62(1) transaction to which this section applies amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 62(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
63: Notice of action to be served on Attorney-General and Registrar
1: Notice in writing of every action against the Crown under section 61 section 62
2: If those officers concur that the claim ought to be admitted, as to the whole or any part of the claim, without suit or action, and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid, out of public money appropriated by Parliament, in whole or in part to the person entitled to that amount in accordance with the certificate.
3: If, after notice of the admission has been served on the claimant, or the solicitor or agent of the claimant, the claimant proceeds with the action, and recovers no more than the amount admitted, the claimant—
a: shall not be entitled to recover any costs as against the Crown; and
b: shall be liable to the Crown for the costs of defending the action in the same manner as if judgment had been given for the defendant in the action.
64: Recovery of compensation paid and costs in case of fraud
1: Where any sum of money has been lawfully paid out of public money as compensation for any loss occasioned by fraud on the part of any person causing or procuring that person to be registered as manager or rightholder, or as mortgagee of any management rights or spectrum
2: A certificate signed by the Minister of Finance, verifying the fact of the payment of compensation out of public money, shall be prima facie proof that such payment was made.
3: All money recovered in any action pursuant to subsection (1) shall be paid to the credit of a Crown Bank Account Section 64(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 64(3) amended 25 January 2005 section 65R(3) Public Finance Act 1989
65: Recovery of compensation paid where loss caused by solicitor's negligence
1: Without limiting section 64 section 62
2: No solicitor shall be held for the purposes of subsection (1) to have acted negligently merely because that solicitor relied on a search copy issued under and for the purposes of section 62
3: A certificate signed by the Minister of Finance, verifying the fact of the payment of compensation out of public money, shall, for the purposes of this section, be prima facie proof that such payment was made.
4: All money recovered in any action pursuant to subsection (1) shall be paid to the credit of a Crown Bank Account Section 65(4) amended 25 January 2005 section 65R(3) Public Finance Act 1989
8: General provisions
Additional powers of Registrar
66: Registrar may require production of documents, etc
1: The Registrar may require any person making or concurring in any application under this Act to produce any document in that person's possession or control relating to the radio frequencies the subject of the application, and, if necessary, give any further information or explanation concerning any such document.
2: Where, pursuant to subsection (1), the Registrar requires, in respect of any application, the production of any document or the giving of any information or explanation, the Registrar may decline to do any act in relation to that application until that requirement is complied with.
3: Every person commits an offence who, in purported compliance with any requirement made under subsection (1), furnishes information, or produces a document, knowing it to be false or misleading in a material respect.
4: Every person who commits an offence against subsection (3) is liable on
a: in the case of an individual, $10,000:
b: in the case of a body corporate, $25,000. Section 66(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Appeals
67: Appeals against decisions of Registrar
1: Any person who is prejudicially affected by any decision of the Registrar under section 18 section 24(1) section 27(2) section 66(1) section 88 section 91(2)
2: An appeal under subsection (1) shall be brought within 28 days after the making of the decision appealed against, or within such further time as a Judge of the High Court may allow on application made before or after the expiration of that period.
3: Subject to any order of the High Court, every decision of the Registrar against which an appeal is lodged shall continue in force and have effect according to its tenor pending the determination of the appeal.
68: Procedure on appeals
On the hearing of an appeal under section 67
69: Court may refer appeals back for reconsideration
1: Notwithstanding anything in section 68
2: In giving any direction under this section, the court shall—
a: advise the Registrar of its reasons for doing so; and
b: give to the Registrar such directions as it thinks just concerning the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
3: In reconsidering the matter so referred back, the Registrar shall have regard to the court's reasons for giving a direction under subsection (1), and to the court's directions under subsection (2). Offences
70: Fraudulently procuring registration
1: Every person commits an offence against this Act who—
a: fraudulently procures the registration of any instrument required by this Act to be registered; or
b: fraudulently uses any form prescribed for the purposes of any of the provisions of Parts 2 to 10
2: The registration of any transfer procured by fraud shall be void as between all parties to the fraud. Miscellaneous provisions
71: Registrar not bound to attend court or produce register without court order
The Registrar shall not be required to produce in any court of law or elsewhere than in the office of the Registrar any record of management rights or other document in the Registrar's custody as Registrar, or to attend before any court or elsewhere to give evidence, except by order of the High Court, which order shall not be made unless the court is satisfied that the Registrar's attendance or the production of the record of management rights or document is necessary, and that the required evidence cannot be given by certified copy of the record of management rights or document.
72: Liability of officers
1: No criminal proceedings shall lie against the Registrar, or any employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, for anything the Registrar or employee may do or fail to do in the course of the exercise or intended exercise of the functions of the Registrar, unless it is shown that the Registrar or employee acted in bad faith.
2: Nothing in subsection (1) applies in respect of proceedings for—
a: an offence against section 78 section 78A section 105 section 105A
b: the offence of conspiring to commit an offence against section 78 section 78A section 105 section 105A
c: the offence of attempting to commit an offence against section 78 section 78A section 105 section 105A
3: Where any civil proceedings are brought against the Registrar, or any employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, in their personal capacities, for anything the Registrar or employee has done or failed to do in the course of the exercise or intended exercise of the functions of the Registrar, the Registrar or employee is entitled to be indemnified by the Crown in respect of all expenses incurred by him or her in connection with the proceedings, and in respect of any amount awarded against him or her in those proceedings, unless it is shown that the Registrar or employee acted, or failed to act, in bad faith.
72A: Matters relevant to radio engineer's certificate
Section 72A repealed 31 October 2006 section 23 Radiocommunications Amendment Act 2006
9: Mortgages
73: Mortgage to take effect as security only
A mortgage under this Act shall have effect as security, but shall not operate as a transfer of the management rights or spectrum Section 73 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
74: Forms of mortgage
Whenever any management rights or spectrum Section 74 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
75: Alteration of terms of mortgage by endorsement
1: Subject to subsections (2) and (3), in the case of every mortgage under this Act,—
a: the amount secured by the mortgage may be increased or reduced; and
b: the rate of interest may be increased or reduced; and
c: the term or currency of the mortgage may be shortened, extended, or renewed; and
d: the covenants, conditions, and powers contained or implied in the mortgage may be varied, negatived, or added to— by a memorandum in the prescribed form.
2: The memorandum may include all or any of the matters specified in subsection (1), and in that case the prescribed forms shall be modified accordingly.
3: It shall not be necessary for a mortgagor to execute a memorandum of reduction, or for a mortgagee to execute a memorandum of increase, of the mortgage debt or of the rate of interest payable under a mortgage.
76: Consent to variation of mortgage
A memorandum varying the terms or conditions of any mortgage of any management rights or spectrum spectrum Section 76 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
77: Variation of priority of mortgages
1: Notwithstanding anything in section 15 spectrum
2: The memorandum of priority shall be executed by the mortgagor and also by the mortgagee under every mortgage that, by the memorandum, is postponed to any mortgage over which it previously had priority. Section 77(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
78: Rights of mortgagee
Without limiting the covenants, conditions, and powers that may, by agreement between the mortgagor and the mortgagee, be contained in a mortgage of management rights, a mortgage of management rights may confer on the mortgagee any of the following powers in the event of default, by the mortgagor, in the performance or observance of any covenant contained or implied in the mortgage:
a: the power to sell the management rights in respect of all or part of the range of frequencies to which the mortgaged management rights relate:
b: the power to grant spectrum section 48 Section 78(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
79: Restriction on exercise of power of sale
1: Subject to section 81 spectrum spectrum spectrum
2: Every such notice shall be in the prescribed form; but no notice shall be void merely because of any variation from the prescribed form unless—
a: the notice does not adequately inform the mortgagor of—
i: the nature and extent of the default complained of; and
ii: the date by which the mortgagor is required to remedy the default (if it is capable of remedy); and
iii: the rights that the mortgagee will be entitled to exercise if the default is not remedied within the specified period; and
b: the variation materially prejudices the interests of the mortgagor.
3: The date to be specified in the notice shall be not earlier than 1 month from the service of the notice. Section 79(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
80: Notice to subsequent mortgagee
1: Where any management rights or spectrum section 79
2: Failure to comply with subsection (1) shall not of itself prevent any of the powers referred to in section 79 Section 80(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
81: Court may permit mortgagee to exercise power before period expired
1: Where any notice under section 79(1) spectrum ex parte
2: Leave may be granted under subsection (1) either unconditionally or upon or subject to such conditions as the court thinks fit. Section 81(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
82: Restriction on action to recover deficiency
If at any time the mortgagee under any mortgage of any management rights or any spectrum spectrum Section 82 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
83: No contracting out
Sections 79 to 82
84: Application of purchase money
The purchase money from the sale by the mortgagee of any management rights or spectrum
a: first, in payment of the expenses occasioned by the sale:
b: secondly, in payment of the money then due or owing to the mortgagee:
c: thirdly, in payment of subsequent registered mortgages (if any) in the order of their priority:
d: fourthly, the surplus (if any) shall be paid to the mortgagor. Section 84 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
85: Transfer by mortgagee
Upon the registration of any transfer executed by a mortgagee for the purpose of the sale, by the mortgagee, of any management rights or spectrum spectrum Section 85 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
86: Discharge of mortgage
1: Where the sum secured by a mortgage has been paid off either wholly or in part, or where for any other reason the mortgagee has become bound to discharge the mortgage either wholly or partially, the mortgagee shall complete
2: A discharge of mortgage, when registered under this Act, shall effectually discharge the management rights or spectrum Section 86(1) amended 12 October 2001 section 27(1) Radiocommunications Amendment Act 2000 Section 86(2) amended 12 October 2001 section 27(2) Radiocommunications Amendment Act 2000
10: Acquisitions by operation of law, caveats
Acquisitions by operation of law
87: Person claiming under operation of law may apply to have interest registered
1: Any person claiming to be entitled by operation of law to be registered as manager or rightholder in relation to any radio frequencies may make application to the Registrar in the prescribed form to have the person registered as manager or rightholder.
2: Every application under subsection (1) shall be accompanied by such evidence in support of the application as may be necessary to establish the applicant's entitlement to be registered as manager or rightholder.
3: No application may be made under subsection (1) in respect of any entitlement arising or claimed to have arisen before the commencement of this Act.
88: Procedure on application
If, on any application under section 87 Caveats
89: Caveat against dealing with radio frequencies
1: Any person—
a: claiming to be entitled to, or to be beneficially interested in,—
i: the management rights in relation to any radio frequencies in respect of which a record of management rights is registered under this Act; or
ii: any spectrum by virtue of any unregistered agreement or other instrument, or of any trust expressed or implied, or otherwise howsoever; or
b: transferring—
i: the management rights in relation to any such radio frequencies; or
ii: any spectrum to any other person to be held in trust— may at any time lodge with the Registrar a caveat in the prescribed form.
2: Every caveat lodged under subsection (1) shall contain a statement of the grounds on which the caveat is lodged.
3: No caveat may be lodged pursuant to subsection (1)﻿(a) in respect of any entitlement or beneficial interest arising or claimed to have arisen before the commencement of this Act. Section 89(1)﻿(a)﻿(ii) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 89(1)﻿(b)﻿(ii) amended 31 October 2006 section 24 Radiocommunications Amendment Act 2006
90: Service of notices as to caveats
Every notice relating to a caveat and any proceedings in respect of a caveat, if served at the place appointed in the caveat, shall be deemed duly served.
91: Effect of caveat
1: Subject to subsections (2) to (4), so long as a caveat remains in force, the Registrar shall not make any entry on the register having the effect of—
a: charging or transferring the management rights to which the caveat relates, or creating or modifying spectrum
b: charging or transferring or modifying spectrum
2: Subsection (1) shall not prevent the Registrar from making any entry where—
a: the caveator consents to the making of that entry; or
b: the making of that entry is necessary to complete the registration of any instrument that has been accepted for registration before the receipt of the caveat.
3: Subsection (1) shall not prevent the Registrar from making any entry necessary to effect the registration of a transfer of any interest in any management rights or spectrum
a: the transfer is expressed to be made in pursuance of a power of sale conferred on the transferor by virtue of a registered mortgage of those management rights or that spectrum
b: the caveat was lodged after the registration of the empowering mortgage; and
c: the interest claimed by the caveator arises under an unregistered mortgage or an agreement to mortgage, dated later than the date of registration of the empowering mortgage and relating to the same interest to which the empowering mortgage relates; and
d: the Registrar is not satisfied from the particulars stated in the caveat that, on the assumption that the caveator is able to prove the caveator's claim, the caveator would be entitled to—
i: an order of the court that the registration of the empowering mortgage be cancelled; or
ii: the registration of any instrument that would have the effect of making the mortgagee's interest under the empowering mortgage subject to the interest claimed by the caveator.
4: In any case to which subsection (3) applies, the caveat shall, upon the registration of the transfer, be deemed to have lapsed and the interest of the mortgagor expressed in that transfer to be transferred shall pass to and vest in the purchaser freed and discharged of the interest claimed by the caveator; and the Registrar may make on the register any entry necessary to show that the caveat has lapsed. Section 91(1)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 91(1)﻿(a) amended 28 August 1990 Radiocommunications Amendment Act (No 2) 1990 Section 91(1)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 91(1)﻿(b) amended 28 August 1990 Radiocommunications Amendment Act (No 2) 1990 Section 91(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 91(3)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
92: Notice of caveat to be given to persons affected
Upon the receipt of any caveat that complies with section 89
a: the manager against whose management rights the caveat has been lodged; or
b: the rightholder against whose spectrum Section 92(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
93: Procedure for removal of caveat
1: Any manager or rightholder against whose management rights or spectrum spectrum
2: The court, upon proof that notice of the application has been served on the caveator or the person on whose behalf the caveat has been lodged, may make such order, either ex parte Section 93(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
94: Lapse of caveat against dealings
Every caveat shall, upon the expiry of 10 working days after notice is given to the caveator that application has been made for the registration of any instrument affecting the management rights or spectrum spectrum spectrum
a: before the expiry of the 10 working days, notice is given to the Registrar that application for an order to the contrary has been made to the High Court; and
b: such an order is made and served on the Registrar within a further period of 20 working days. Section 94 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
95: Person entering or maintaining caveat without due cause liable for damages
1: Any person who, without reasonable cause, lodges any caveat is liable in damages for any loss or damage suffered by any person as a result of the lodging of the caveat.
2: Any person who lodges a caveat and who, when that caveat is no longer needed to protect any interest of the caveator, fails, without reasonable cause, to withdraw that caveat as soon as reasonably practicable after having been requested to do so by any person prejudicially affected by the caveat is liable in damages for any loss or damage suffered by any person as a result of the failure to withdraw the caveat.
96: Caveat may be withdrawn
1: Any caveat may be withdrawn by the caveator or by the caveator's attorney or agent under a written authority, and either as to the whole or any part of the management rights or spectrum
2: Every withdrawal of a caveat shall be made in the prescribed form. Section 96(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
97: No second caveat may be entered
When any caveat lodged under this Part has lapsed or has been withdrawn, it shall not be lawful for the Registrar to receive any second caveat affecting the same management rights or spectrum Section 97 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
11: Rights and duties of managers and rightholders
98: Rights conferred by registration as manager
Subject to any spectrum spectrum section 48 Section 98 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
99: Rights conferred on rightholder by spectrum licence
1: Every rightholder who has a spectrum licence to transmit radio waves and to receive no harmful interference from co-channel emissions in a protection area has the right to transmit radio waves and to receive no harmful interference from co-channel emissions in that protection area in accordance with that licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101
2: Every rightholder who has a spectrum licence to transmit radio waves has the right to transmit radio waves in accordance with that spectrum licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101
3: Every rightholder who has a spectrum licence containing the right to receive no harmful interference from co-channel emissions in a protection area has the right to receive no harmful interference from co-channel emissions in the protection area in accordance with that spectrum licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101
4: If the rightholder complies with section 102 Section 99 substituted 12 October 2001 section 28 Radiocommunications Amendment Act 2000
100: Rights of holders of certain licences
Section 100 repealed 12 October 2001 section 29 Radiocommunications Amendment Act 2000
101: Requirements to be complied with in exercise of rights
1: Every rightholder, in exercising rights under section 99
a: any conditions specified in the record of management rights in relation to which the rightholder's spectrum
b: any conditions specified in the spectrum section 49(1)﻿(j)
c: the requirements specified in Schedule 1
2: Every person who fails to comply with subsection (1) shall be deemed not to be acting in accordance with the person's rights as rightholder for the purposes of section 103 Section 101(1)﻿(a) amended 12 October 2001 section 30(a) Radiocommunications Amendment Act 2000 Section 101(1)﻿(b) amended 12 October 2001 section 30(b) Radiocommunications Amendment Act 2000 Section 101(1)﻿(b) amended 12 October 2001 section 30(c) Radiocommunications Amendment Act 2000
102: Compliance with unwanted emission limits
1: No rightholder, in exercising rights under section 99 spectrum spectrum
2: No rightholder, in exercising rights under section 99
3: Every person who contravenes subsection (1) or subsection (2) shall be deemed not to be acting in accordance with the person's rights as rightholder for the purposes of section 103 Section 102(1) amended 12 October 2001 section 31(1) Radiocommunications Amendment Act 2000 Section 102(2) substituted 12 October 2001 section 31(2) Radiocommunications Amendment Act 2000
103: Transmission other than in accordance with
spectrum
1: Subject to subsection (3), every transmission of radio waves by any person on any frequency in respect of which a management right is registered under this Act is prohibited, except—
a: a transmission of radio waves by a rightholder acting in accordance with a rightholder's spectrum licence; or
b: a transmission by a person acting in accordance with a general user spectrum licence.
2: Every person who contravenes this section commits an offence against this Act.
3: Nothing in subsection (1) applies to the transmission of unintended emissions from a receiver tuned to receive emissions from a rightholder transmitting in accordance with the rightholder's spectrum Section 103 heading amended 12 October 2001 section 32(1) Radiocommunications Amendment Act 2000 Section 103(1) substituted 12 October 2001 section 32(2) Radiocommunications Amendment Act 2000 Section 103(3) amended 12 October 2001 section 32(3) Radiocommunications Amendment Act 2000
104: Transmission under radio licence not affected
Nothing in section 103
a: a radio licence; or
b: an exemption exempting that transmission of radio waves from any requirement to be licensed, being an exemption granted by or under any regulations made under section 116(1)﻿(c) Section 104 substituted 12 October 2001 section 33 Radiocommunications Amendment Act 2000
12: Interference
Interference to receivers
105: Interference to receivers
For the purposes of any action in tort, it is declared that where a receiver is tuned to receive emissions from a transmitter operated by a rightholder in accordance with the rightholder's spectrum licence or by the holder of a radio licence in accordance with that radio licence, and that receiver is situated on land within the protection area of that licence, any harmful interference to the reception, by that receiver, of radio waves constitutes an interference with the enjoyment of land on which the receiver is situated. Section 105 substituted 12 October 2001 section 34 Radiocommunications Amendment Act 2000 Interference caused by lawful transmission and reception
106: Definitions for sections 108 to 109C
1: For the purposes of sections 108 to 109C arbitral tribunal Arbitration Act 1996 claimant
a: the rightholder or holder of a radio licence claiming harmful interference in the protection area of the claimant's licence; or
b: the owner of a radionavigation receiver or a safety receiver claiming that harmful interference with reception by that receiver would endanger the functioning of a radionavigation service or other safety service respondent
2: Where a person holds a radio licence that does not specify an area as a protection area, that person may proceed as a claimant if there is harmful interference in the area that the person considers would be the protection area of the licence, and that area is the protection area for that radio licence until such time as the arbitral tribunal determines otherwise in accordance with section 109A(2)
3: Despite the lack of a radio licence or the lack of a protection area specified in that radio licence, where that radio licence is for a radionavigation or safety service, the owner of the radionavigation receiver or a safety receiver may proceed as a claimant if there is harmful interference with reception by that receiver that endangers the functioning of that radionavigation service or safety service. Section 106 substituted 12 October 2001 section 35 Radiocommunications Amendment Act 2000
107: Sections 106 to 109C apply where transmissions not commenced
Where a radio licence or a spectrum licence has been granted and registered but lawful transmissions have not commenced, and a rightholder or holder of a radio licence believes that lawful transmissions made in accordance with that licence are very likely to cause harmful interference in the protection area of that licence, the provisions of sections 106 to 109C Section 107 substituted 12 October 2001 section 35 Radiocommunications Amendment Act 2000
108: Notice of harmful interference
1: Where a respondent is lawfully transmitting radio waves under a registered spectrum licence or radio licence, and those transmissions cause or contribute to harmful interference in the protection area of another registered spectrum licence or radio licence, the claimant may serve on the respondent a notice concerning that interference.
2: If both the claimant and the respondent are holders of radio licences and the matter is in relation to those licences,—
a: the provisions of subsections (5) to (7) and sections 109 to 109C
b: the matter may be referred to the Secretary by the claimant or the respondent; and
c: the Secretary may take any action that the Secretary thinks fit.
2A: The claimant may, after the expiry of 10 working days from the date when the matter was referred to the Secretary under subsection (2), by notice in the prescribed form to the Secretary, request that the Secretary refer the matter to arbitration under section 109
a: the action specified in the notice given under subsection (1) has not been taken; and
b: the claimant continues to believe that the respondent's transmissions have caused or contributed to, or are causing or contributing to, harmful interference in the protection area of the claimant, and that the action that is specified in the notice is justified; and
c: the claimant, the respondent, and the Secretary have not agreed on a method of reaching an agreement to deal with the harmful interference or to refer the matter to arbitration.
2B: Despite subsection (2)﻿(a), if a claimant has made a request under subsection (2A), sections 109 to 109C
3: Where the harmful interference which is the subject of the notice under subsection (1) endangers the functioning of the claimant's radionavigation service or other safety service, the claimant may also serve a copy of the notice on the Secretary, and the Secretary may, in his or her discretion, direct the claimant or the respondent, or both, to take action forthwith, including ceasing transmissions, until the matter is resolved in accordance with sections 108 to 109A section 109C
4: A notice given under subsection (1) must state—
a: the nature of the harmful interference experienced; and
b: the alleged cause of the harmful interference and the manner in which the respondent is believed to have caused or contributed to the harmful interference; and
c: what action the claimant desires to be taken by the respondent to remedy the harmful interference; and
d: that the respondent has 10 working days following the receipt of the notice within which to take one of the actions referred to in subsection (5) and that, if the action the claimant wishes to be taken to remedy the harmful interference is not taken within 10 working days following the receipt of the notice, the matter may be referred to arbitration under this section.
5: Every respondent who receives a notice properly given under subsection (1) must, within 10 working days of receiving that notice,—
a: take the action to remedy the harmful interference specified in the notice; or
b: notify the claimant that in the respondent's opinion the respondent's transmissions have not caused or contributed to, or are not causing or contributing to, harmful interference to the claimant or that the action specified in the notice which the claimant wishes to be taken to remedy the harmful interference is not justified; or
c: agree with the claimant on a method of reaching an agreement to deal with the harmful interference; or
d: agree with the claimant to refer the matter to arbitration to be determined in accordance with the Arbitration Act 1996
6: If, within 10 working days of a notice being properly given under subsection (1),—
a: the action specified in the notice has not been taken; and
b: the claimant continues to believe that the respondent's transmissions have caused or contributed to, or are causing or contributing to, harmful interference in the protection area of the claimant, and that the action which is specified in the notice is justified; and
c: the claimant and the respondent have not agreed on a method of reaching an agreement to deal with the harmful interference or to refer the matter to arbitration,— the claimant may, following the expiry of that 10-working-day period, by notice in the prescribed form to the Secretary, request the Secretary to refer the matter to arbitration under section 109
7: Where the claimant and the respondent agree on a method of reaching an agreement to deal with the harmful interference under subsection (5)﻿(c), but no agreement is reached within 20 working days of a notice properly given under subsection (1), the claimant may, following the expiry of that 20-working day period, by notice in the prescribed form to the Secretary, request the Secretary to refer the matter to arbitration under section 109 Section 108 substituted 12 October 2001 section 35 Radiocommunications Amendment Act 2000 Section 108(2) substituted 17 May 2005 section 3 Radiocommunications Amendment Act 2005 Section 108(2)﻿(a) amended 31 October 2006 section 25(1) Radiocommunications Amendment Act 2006 Section 108(2A) inserted 31 October 2006 section 25(2) Radiocommunications Amendment Act 2006 Section 108(2B) inserted 31 October 2006 section 25(2) Radiocommunications Amendment Act 2006
109: Reference to arbitration by Secretary
1: Where the Secretary receives a request under section 108(2A), (6), or (7)
a: the alleged harmful interference is being caused in the protection area of a registered spectrum licence or radio licence; and
b: the transmissions allegedly causing or contributing to the harmful interference are being lawfully made under a registered spectrum licence or radio licence; and
c: there is prima facie evidence of harmful interference and that the harmful interference is being caused or contributed to by the respondent; and
d: a notice was properly given under section 108(1)
e: the time limits specified in section 108
f: the respondent has not taken the action specified in that notice,— the Secretary may refer the matter to arbitration and, except as provided in sections 109A 109C Arbitration Act 1996
2: The reference by the Secretary may specify the matters that would otherwise be included in an arbitration agreement, and that reference is an arbitration agreement for the purposes of the Arbitration Act 1996 Section 109 substituted 12 October 2001 section 35 Radiocommunications Amendment Act 2000 Section 109(1) amended 31 October 2006 section 26 Radiocommunications Amendment Act 2006
109A: Matters relevant to arbitration
1: Article 28(4) section 108(5)﻿(d) section 109
a: the costs and effects of possible alternative solutions; and
b: the technical compatibility between the claimant's receiver and the respondent's transmitter as determined by—
i: the nature and characteristics of the rights described in the licences concerned; and
ii: the International Radio Regulations; and
iii: the ITU-R reports and recommendations; and
iv: Annex 10 of the Convention on International Civil Aviation; and
v: the International Convention for the Safety of Life at Sea; and
vi: the nature of the service operated or proposed to be operated under any licences concerned; and
vii: any relevant reference standards issued by the Secretary; and
c: which of the licences held by the parties to the dispute was registered or granted first; and
d: the desirability of minimising disruption to existing services; and
e: the terms of the licences concerned; and
f: any other matters prescribed by regulations made under this Act or that the arbitral tribunal considers relevant.
1A: The arbitral tribunal must not have regard to the reception of radio waves by inappropriate receivers.
2: Unless a person proceeds as a claimant in accordance with section 106(3) Section 109A inserted 12 October 2001 section 35 Radiocommunications Amendment Act 2000 Section 109A(1) substituted 31 October 2006 section 27 Radiocommunications Amendment Act 2006 Section 109A(1A) inserted 31 October 2006 section 27 Radiocommunications Amendment Act 2006
109B: Offence to transmit in breach of Secretary's direction
Every person who contravenes a direction given by the Secretary under section 108(3) Section 109B inserted 12 October 2001 section 35 Radiocommunications Amendment Act 2000
109C: Powers when deciding disputes
1: In addition to the powers given to the arbitral tribunal by section 12
2: Where the arbitral tribunal directs that a spectrum licence or radio licence be modified or amended, then, despite any provision to the contrary in this Act or any spectrum licence, the manager or rightholder in the case of a spectrum licence, or the Secretary in the case of a radio licence, must modify or amend the licence as directed by the arbitral tribunal. Section 109C inserted 12 October 2001 section 35 Radiocommunications Amendment Act 2000
13: Radio licences
Part 13 heading substituted 12 October 2001 section 36 Radiocommunications Amendment Act 2000
110: Part to apply to frequencies
unless or until record of management rights registered and rights commence
1: This Part applies to every radio frequency unless or until a record of management rights is registered and the rights have commenced under Part 2
2: Where a record of management rights is registered and commenced Part 2
a: below the power floor specified for that record of management rights; or
b: if no power floor is specified in the record of management rights, below –50dBW.
3: This Part does not apply to—
a: a transmission of radio waves by a rightholder acting in accordance with a rightholder's spectrum licence; or
b: a transmission by a person in accordance with a general user spectrum licence. Section 110 substituted 12 October 2001 section 36 Radiocommunications Amendment Act 2000 Section 110 heading amended 19 December 2002 section 6(1) Radiocommunications Amendment Act 2002 Section 110(1) substituted 19 December 2002 section 6(2) Radiocommunications Amendment Act 2002 Section 110(2) amended 19 December 2002 section 6(3) Radiocommunications Amendment Act 2002
111: Granting of radio licences
1: For the purposes of this section, New Zealand ship
a: any New Zealand ship within the meaning of the Crimes Act 1961
b: any vessel for the time being registered in New Zealand as a ship under the Ship Registration Act 1992
2: The Secretary may, in accordance with regulations made under this Part, grant radio licences authorising the transmission of radio waves on the frequencies specified in the radio licence within the territorial limits of New Zealand, or from any New Zealand ship, or from any aircraft registered in New Zealand or providing protection from harmful interference from co-channel emissions.
3: In addition to the requirements of the regulations, every radio licence must be in such form and for such period, and contain such terms, conditions, and restrictions, as the Secretary thinks fit.
4: Every licence issued in accordance with regulations made under this Part includes a requirement that any person transmitting under that radio licence must comply with Schedule 1 Section 111 substituted 12 October 2001 section 37 Radiocommunications Amendment Act 2000
112: Secretary to have regard to Government policy
1: In the exercise of his or her functions, duties, and powers under section 111 section 116(1)﻿(a) Minister Minister
2: Nothing in subsection (1) authorises the Minister radio
3: Without limiting the generality of subsection (1), but subject to subsection (2), the Minister
a: give a direction in respect of any particular class or classes of radio
b: direct the Secretary not to issue licences of a particular class or particular classes, either generally or except as may be specified in the direction.
4: Without limiting the generality of subsection (1), but subject to subsection (2), any direction given under subsection (1) may apply in respect of any application for any radio
a: applications made before the date of the direction but not dealt with before that date:
b: applications made pursuant to Part 2
5: Where a notice is given to the Secretary under subsection (1), the Minister shall, as soon as practicable after the giving of the notice,—
a: publish a copy of it in the Gazette
b: lay a copy of it before the House of Representatives. Section 112(1) amended 12 October 2001 section 38(1) Radiocommunications Amendment Act 2000 Section 112(1) amended 12 October 2001 section 38(2) Radiocommunications Amendment Act 2000 Section 112(1) amended 28 March 1990 Radiocommunications Amendment Act 1990 Section 112(2) amended 12 October 2001 section 38(2) Radiocommunications Amendment Act 2000 Section 112(2) amended 12 October 2001 section 38(3) Radiocommunications Amendment Act 2000 Section 112(2) amended 28 March 1990 Radiocommunications Amendment Act 1990 Section 112(3) amended 12 October 2001 section 38(2) Radiocommunications Amendment Act 2000 Section 112(3) amended 28 March 1990 Radiocommunications Amendment Act 1990 Section 112(3)﻿(a) amended 12 October 2001 section 38(3) Radiocommunications Amendment Act 2000 Section 112(4) amended 12 October 2001 section 38(3) Radiocommunications Amendment Act 2000
113: Offences
Every person commits an offence under this Act who transmits radio waves, otherwise than—
a: under, or in conformity with, the terms and conditions of a radio licence issued under section 111
b: in accordance with regulations made under section 116(1)﻿(c) Section 113 substituted 12 October 2001 section 39 Radiocommunications Amendment Act 2000
114: Presumptions
1: For the purposes of section 113
2: Where a radio transmitter is temporarily inoperative or has been partially dismantled, that radio transmitter is deemed to be, and to remain, capable of transmitting radiocommunications unless the Secretary is satisfied that the transmitter has been rendered inoperative. Section 114 substituted 12 October 2001 section 40 Radiocommunications Amendment Act 2000
115: Radiocommunication within territorial limits
1: The Governor-General may from time to time, by Order in Council, make regulations governing or prohibiting the use of radio apparatus on merchant ships, or on aircraft, of whatever nationality or registration, or on foreign ships of war or foreign military aircraft, while within the territorial limits of New Zealand.
2: Any such regulations may prescribe fines, not exceeding $20,000 in any case, for any breach of the regulations and provide for the detention of any merchant ship or civil aircraft on which a breach of the regulations has been made, pending the institution and determination of proceedings in respect of the breach and pending the recovery of any fine imposed in respect of the breach.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 115(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
116: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations—
a: providing for the making of applications for, and the granting of, radio licences granting to holders the right to transmit radio waves on specified frequencies; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):
b: providing for the making of applications for, and the granting of, general user radio licences granting to every person the right to transmit radio waves on any frequency specified in the licence; and providing for the terms and conditions subject to which general user radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):
c: authorising the Secretary to grant exemptions from the requirement for a radio licence in respect of the transmission of radio waves using certain radio apparatus, where the Secretary is satisfied that a licence is not required for the efficient and effective management of the radio frequency spectrum:
d: requiring, as a condition of a radio licence or a condition of an exemption from the requirement to obtain a radio licence, that every transmission comply with Schedule 1
e: providing for the allocation of radio licences by competitive tender, auction, or by any other means, and for the payment of consideration to the Crown for the allocation:
f: providing for the making of applications for, and the granting of, radio licences, providing for the protection from harmful interference from co-channel emissions; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):
g: prescribing offences in respect of contraventions of any regulations made under this section.
2: No regulation made under this section is
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 116(1) substituted 12 October 2001 section 41 Radiocommunications Amendment Act 2000 Section 116(1)﻿(a) substituted 31 October 2006 section 28(1) Radiocommunications Amendment Act 2006 Section 116(1)﻿(b) substituted 31 October 2006 section 28(1) Radiocommunications Amendment Act 2006 Section 116(1)﻿(e) substituted 31 October 2006 section 28(2) Radiocommunications Amendment Act 2006 Section 116(1)﻿(f) substituted 31 October 2006 section 28(2) Radiocommunications Amendment Act 2006 Section 116(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 116(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
14: Enforcement and remedies
Civil proceedings
117: Actions for damages for contravention of section 103
1: Every person is liable in damages for any loss or damage caused by that person engaging in conduct that constitutes any of the following:
a: a contravention of section 103
b: aiding, abetting, counselling, or procuring the contravention of that section:
c: inducing by threats, promises, or otherwise the contravention of that section:
d: being in any way directly or indirectly, knowingly concerned in, or party to, the contravention of that section:
e: conspiring with any other person in the contravention of that section.
2: Any action under subsection (1) may be commenced at any time within 3 years from the time when the cause of action arose.
118: Injunction may be granted for contravention of section 103
1: The High Court may, on the application of the Secretary or of any rightholder affected by the conduct to which the application relates, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute any of the following:
a: a contravention of section 103
b: aiding, abetting, counselling, or procuring the contravention of that section:
c: inducing by threats, promises, or otherwise the contravention of that section:
d: being in any way directly or indirectly, knowingly concerned in, or party to, the contravention of that section:
e: conspiring with any other person in the contravention of that section.
2: The High Court may at any time rescind or vary an injunction granted under this section.
3: Where an application is made to the High Court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the High Court may,—
a: if it is satisfied that the person has engaged in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or
b: if in the opinion of the court it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.
119: Injunction may be granted for failure to comply with section 107(3)
Section 119 repealed 12 October 2001 section 42 Radiocommunications Amendment Act 2000 Powers to obtain evidence
120: Powers to obtain evidence
1: Subject to this section, any employee of the Ministry of Economic Development section 134(1)﻿(g)
a: inspect and remove any documents in the possession of, or under the control of, any person, and take copies of or extracts from any such documents; and
b: inspect and remove any radio apparatus or interfering equipment in the possession of, or under the control of, any person.
2: No person shall exercise the powers conferred by subsection (1) unless the person obtains a warrant authorising that person to exercise those powers in accordance with subsection (3).
3: Where any issuing officer (within the meaning of section 3 subpart 3 section 134(1)﻿(g) that issuing officer Ministry of Economic Development
4: The provisions of Part 4 sections 118 119 Section 120(1) amended 7 September 2000 section 5(a) Ministry of Economic Development Act 2000 Section 120(3) amended 1 October 2012 section 295(2)﻿(a) Search and Surveillance Act 2012 Section 120(3) amended 1 October 2012 section 295(2)﻿(b) Search and Surveillance Act 2012 Section 120(3) amended 7 September 2000 section 5(a) Ministry of Economic Development Act 2000 Section 120(4) inserted 1 October 2012 section 295(3) Search and Surveillance Act 2012
121: Powers conferred by warrant
Section 121 repealed 1 October 2012 section 295(4) Search and Surveillance Act 2012
122: Person executing warrant to produce evidence of authority and identity
Section 122 repealed 1 October 2012 section 295(4) Search and Surveillance Act 2012
123: Schedule of evidence taken to be prepared
Section 123 repealed 1 October 2012 section 295(4) Search and Surveillance Act 2012
124: Duty to provide all reasonable facilities and assistance
Section 124 repealed 1 October 2012 section 295(4) Search and Surveillance Act 2012
125: Power to inspect and take copies of documents, etc
Section 125 repealed 1 October 2012 section 295(4) Search and Surveillance Act 2012
126: Offence
Section 126 repealed 1 October 2012 section 295(4) Search and Surveillance Act 2012
127: Proceedings privileged
Section 127 repealed 1 October 2012 section 295(4) Search and Surveillance Act 2012 Penalties
128: Penalties
1: Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is provided elsewhere than in this section shall be liable on
a: in the case of an individual, $30,000:
b: in the case of a body corporate, $200,000.
2: Where an offence is a continuing offence, a further fine of an amount not exceeding $1,000 for every day or part of a day during which the offence has continued may be imposed. Section 128(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 128(2) added 12 October 2001 section 43 Radiocommunications Amendment Act 2000
128A: Commission of infringement offence
Where any person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided for in section 128B Section 128A inserted 12 October 2001 section 44 Radiocommunications Amendment Act 2000 Section 128A(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
128B: Infringement notices
1: Where the Secretary or any person duly authorised by the Secretary observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be issued to that person by the Secretary or the authorised person.
2: An infringement notice may be served—
a: by attaching an infringement notice, or a copy of an infringement notice, to the equipment to which the notice relates; or
b: by delivering it personally to the person who appears to have committed the infringement offence; or
c: by sending it by post addressed to that person at that person's last known place of residence or business.
3: For the purposes of the Summary Proceedings Act 1957
4: Every infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee for that offence:
c: the address at which the infringement fee may be paid:
d: the time within which the infringement fee must be paid:
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has the right to request a hearing:
g: a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing:
h: such other particulars as are prescribed in regulations made under this Act.
5: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 Section 128B inserted 12 October 2001 section 44 Radiocommunications Amendment Act 2000
129: Forfeiture
1: Where, in any proceedings under section 128
2: Subject to subsection (3) and to any directions of the court that orders the forfeiture, any such radio apparatus or interfering equipment that is forfeited under subsection (1) may be sold, destroyed, or otherwise disposed of as the Secretary may direct.
3: Where any radio apparatus or interfering equipment that is forfeited under subsection (1) is sold, the proceeds of the sale shall be applied as if the proceeds were a fine incurred under section 128
15: Miscellaneous provisions
Approval of radio engineers
130: Approval of radio engineers
1: The Secretary may from time to time, on application made on the form provided for the purpose by the Secretary, grant to an applicant an approval authorising the applicant to give certificates for the purposes of sections 25 , 39 40 57D
2: The Secretary shall not approve a person under subsection (1) unless the person is, by reason of his or her qualifications and experience in radio engineering, a suitable person to give certificates for the purposes of sections 25 , 39 40 57D
3: Where the Secretary is satisfied that any person approved under subsection (1) is no longer qualified by virtue of subsection (2) to be an approved radio engineer, the Secretary may revoke that person's approval. Section 130(1) amended 12 October 2001 section 45(a) Radiocommunications Amendment Act 2000 Section 130(2) amended 12 October 2001 section 45(b) Radiocommunications Amendment Act 2000 Licensing of supply of radio apparatus
131: Licensing of supply of radio apparatus
1: The Secretary may, in accordance with regulations made under section 134 and importation for supply
2: Subject to any such regulations, every such licence shall be in such form and for such period, and shall contain such terms, conditions, and restrictions, as the Secretary thinks fit. Section 131(1) amended 7 July 2010 section 4 Radiocommunications Amendment Act 2010
132: Offence
1: In this section, the term restricted radio apparatus and importation for supply section 134
2: Every person commits an offence who, not being the holder of a licence issued under section 131
a: supplies or imports for supply any restricted radio apparatus:
b: offers to supply or to import for supply any restricted radio apparatus:
c: possesses for supply any restricted radio apparatus. Section 132(1) amended 7 July 2010 section 5(1) Radiocommunications Amendment Act 2010 Section 132(2) substituted 7 July 2010 section 5(2) Radiocommunications Amendment Act 2010 Reference standards
133: Secretary may issue reference standards
1: The Secretary may from time to time, by notice in the Gazette
a: any radio apparatus:
b: radio apparatus of any class or classes:
c: any system for the effecting of radiocommunication, whether by transmission or reception, or both.
2: Any reference standard may be in like manner amended or revoked at any time.
3: Any reference standard may adopt as a standard or specification any New Zealand Standard or any part of a New Zealand Standard (as that term is defined in the Standards and Accreditation Act 2015 Section 133(3) replaced 1 March 2016 section 45(1) Standards and Accreditation Act 2015
133A: Offence to disclose contents of radiocommunications
1: Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,—
a: makes use of the radiocommunication or any information derived from that radiocommunication; or
b: reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication; or
c: discloses the existence of the radiocommunication.
2: Subsection (1) does not apply to any radiocommunications intercepted—
a: by the Secretary for the purpose of ensuring compliance with this Act; or
b: by a constable
c: by an employee of an intelligence and security agency for the purpose of performing the function under section 10
d: by a member of the New Zealand Defence Force, in connection with any of the purposes specified in section 5(a) to (d)
e: by a person acting under, and in accordance with, any authority conferred on him or her by or under—
i: Part 1 Telecommunications (Residual Provisions) Act 1987
ii: Part 4
iia:
iii: the Misuse of Drugs Amendment Act 1978
iv: the International Terrorism (Emergency Powers) Act 1987
3: In this section, intelligence and security agency
a: the New Zealand Security Intelligence Service:
b: the Government Communications Security Bureau.
4: Subsection (2) does not authorise the interception of any private communications within the meaning of section 216A Section 133A inserted 12 October 2001 section 46 Radiocommunications Amendment Act 2000 Section 133A(2)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 133A(2)﻿(c) replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 133A(2)﻿(e)﻿(i) amended 20 December 2001 section 159(3) Telecommunications Act 2001 Section 133A(2)﻿(e)﻿(ii) replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 133A(2)﻿(e)﻿(iia) repealed 28 September 2017 section 335 Intelligence and Security Act 2017 Section 133A(3) replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 133A(4) amended 2 April 2003 section 32(3) Government Communications Security Bureau Act 2003 Regulations
134: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prohibiting the supply and importation for supply section 131
b: providing for the exemption of certain radio apparatus, as determined by the Secretary, from the requirement that the supply and importation for supply and importation for supply
c: providing for the granting of licences for the supply and importation for supply
d:
e: providing for examinations to determine the competence of persons wishing to operate radio apparatus and prescribing fees in respect of those examinations; and providing for the issue, revocation, or suspension of certificates of competency in respect of any operations, and for the authorisation by the Secretary of—
i: persons to conduct the examinations; and
ii: persons to issue certificates; and
iii: the content of the examinations; and
iv: the conduct of the examinations:
f: prohibiting the operation of radio apparatus of any class or classes except pursuant to a certificate of competency issued under this Act:
g: providing for the prohibition or control of the installation, use, sale, distribution, manufacture, or importation
ga: prescribing search references for access to the register:
gb: prescribing the persons or class of persons to whom information on the register may be disclosed and the purposes for which the information may be disclosed:
gc: prescribing the matters to which an arbitral tribunal must have regard under section 109A
gd: prescribing the classes of persons who may intercept radiocommunications under section 133A
h: prescribing forms for the purposes of this Act:
i: prescribing requirements for the standardisation of—
i: technical systems for radiocommunications:
ii: technical formats for radiocommunications:
j: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this section:
ja: prescribing those breaches of regulations made under paragraph (g) that constitute infringement offences against this Act:
jb: prescribing the infringement fee (not exceeding $2,000) for each infringement offence:
k: such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
1A: Different fees and different forms may be prescribed for different infringement offences.
1B: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, make regulations declaring receivers of any kind to be inappropriate receivers for the purposes of this Act.
1C: The Minister may only make a recommendation under subsection (1B) if the Minister is satisfied that the type of receiver concerned will or may compromise the optimal utilisation of the radio frequency spectrum.
1D: The power to regulate in relation to interfering equipment, susceptible equipment, or other equipment under subsection (1)﻿(g) includes the power to regulate in relation to such equipment that is, or may be, exported from New Zealand pursuant to the Conformity Cooperation Agreement.
2: No regulation made under this section is
3: The Conformity Cooperation Agreement (including any amendments made to that agreement in accordance with it) and any standards or rules referred to in the Conformity Cooperation Agreement may be incorporated by reference in regulations made in reliance on subsection (1D).
4: The provisions of Schedule 8
5: In this section, Conformity Cooperation Agreement
6: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 134(1)﻿(a) amended 7 July 2010 section 6(1) Radiocommunications Amendment Act 2010 Section 134(1)﻿(b) amended 7 July 2010 section 6(2) Radiocommunications Amendment Act 2010 Section 134(1)﻿(c) amended 7 July 2010 section 6(3) Radiocommunications Amendment Act 2010 Section 134(1)﻿(d) repealed 12 October 2001 section 47(1) Radiocommunications Amendment Act 2000 Section 134(1)﻿(e) substituted 31 October 2006 section 30(1) Radiocommunications Amendment Act 2006 Section 134(1)﻿(g) substituted 12 October 2001 section 47(2) Radiocommunications Amendment Act 2000 Section 134(1)﻿(g) amended 7 July 2010 section 6(4) Radiocommunications Amendment Act 2010 Section 134(1)﻿(ga) inserted 12 October 2001 section 47(2) Radiocommunications Amendment Act 2000 Section 134(1)﻿(gb) inserted 12 October 2001 section 47(2) Radiocommunications Amendment Act 2000 Section 134(1)﻿(gc) inserted 12 October 2001 section 47(2) Radiocommunications Amendment Act 2000 Section 134(1)﻿(gd) inserted 12 October 2001 section 47(2) Radiocommunications Amendment Act 2000 Section 134(1)﻿(j) substituted 12 October 2001 section 47(3) Radiocommunications Amendment Act 2000 Section 134(1)﻿(ja) inserted 12 October 2001 section 47(3) Radiocommunications Amendment Act 2000 Section 134(1)﻿(jb) substituted 31 October 2006 section 30(2) Radiocommunications Amendment Act 2006 Section 134(1A) inserted 31 October 2006 section 30(3) Radiocommunications Amendment Act 2006 Section 134(1B) inserted 31 October 2006 section 30(3) Radiocommunications Amendment Act 2006 Section 134(1C) inserted 31 October 2006 section 30(3) Radiocommunications Amendment Act 2006 Section 134(1D) inserted 29 July 2008 section 5(1) Radiocommunications Amendment Act (No 2) 2008 Section 134(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 134(3) added 29 July 2008 section 5(2) Radiocommunications Amendment Act (No 2) 2008 Section 134(4) added 29 July 2008 section 5(2) Radiocommunications Amendment Act (No 2) 2008 Section 134(5) added 29 July 2008 section 5(2) Radiocommunications Amendment Act (No 2) 2008 Section 134(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
134AA: Secretary may prescribe forms
1: The Secretary by notice in the Gazette
2: Different forms may be prescribed for different infringement offences. Section 134AA inserted 31 October 2006 section 31 Radiocommunications Amendment Act 2006
134A: Regulations prohibiting unauthorised broadcasting from high seas
1: The Governor-General may from time to time, by Order in Council, make regulations prohibiting broadcasting contrary to international regulations from a ship or installation on the high seas.
2: Regulations made under subsection (1) may make a breach of the regulations an offence punishable on
a: the ship is a New Zealand ship; or
b: the installation is registered in New Zealand; or
c: the person engaged in broadcasting is a New Zealand citizen or ordinarily resident in New Zealand; or
d: the broadcast can be received in New Zealand; or
e: radiocommunication within the territorial limits of New Zealand is suffering interference.
3: Regulations made under subsection (1) may prescribe fines, not exceeding $20,000 in any case, for any breach of the regulations and provide for the detention of any ship or installation on which a breach of the regulations is alleged to have occurred or has occurred, pending the institution and determination of proceedings in respect of the breach and pending the recovery of any fine imposed in respect of the breach.
4: Notwithstanding anything in any other enactment, proceedings for the trial and punishment of any person charged with having committed an offence against regulations made under subsection (1) shall not be instituted in any court except with the consent of the Attorney-General and on the Attorney-General's certificate that it is expedient that the proceedings should be instituted.
5: A person alleged to have committed an offence against regulations made under subsection (1) may be arrested or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of proceedings for the offence has not been obtained; but no further or other proceedings shall be taken until that consent has been obtained.
6: In this section,— broadcasting Broadcasting Act 1989 New Zealand ship Maritime Transport Act 1994 ship Maritime Transport Act 1994
7: Regulations under this section are secondary legislation ( see Part 3 United Nations Convention on the Law of the Sea, art 109 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 134A inserted 1 August 1996 Radiocommunications Amendment Act 1996 Section 134A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 134A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
135: Regulations prescribing fees
1: The Governor-General may from time to time, by Order in Council, make regulations prescribing the matters in respect of which fees are payable under this Act; the amounts of those fees or the method by which they are to be assessed; and the persons liable for payment of the fees ; and providing for the method of payment of, or or refund
2: Without limiting the generality of subsection (1), any regulations made under this section may make provision for the payment, by managers or rightholders or both (being persons who are broadcasters within the meaning of the Broadcasting Act 1989
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 135(1) amended 19 December 2002 section 7 Radiocommunications Amendment Act 2002 Section 135(1) amended 12 October 2001 section 48 Radiocommunications Amendment Act 2000 Section 135(1) amended 28 August 1990 Radiocommunications Amendment Act (No 2) 1990 Section 135(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Recovery of fees
136: Recovery of fees
1: Any fee that is not paid in accordance with regulations made under this Act , until paid in full, constitutes a debt to the Crown, and or the Registrar
2: The Secretary or the Registrar or the Registrar
3: If a rightholder does not pay any fee relating to a spectrum licence in accordance with regulations made under this Act in full within 6 months of the date the fee is due,—
a: the manager of the management rights to which the spectrum licence relates is jointly and severally liable with the rightholder for payment of the unpaid fees; and
b: regardless of whether or not the spectrum licence may be cancelled by the manager alone, and independently of any right of the manager to cancel the licence in accordance with section 57A 57B sending to the Registrar, by electronic or other means and for the purposes of registration,
4:
5: The notice must specify—
a: that the spectrum licence is cancelled; and
b: the date from which the cancellation is to apply.
6: As soon as practicable after receiving a notice under subsection (3)﻿(b), the Registrar must ensure that the details specified in the notice are sent, by electronic or other means, to the rightholder. Section 136(1) amended 12 October 2001 section 49(1) Radiocommunications Amendment Act 2000 Section 136(1) amended 12 October 2001 section 49(2)﻿(a) Radiocommunications Amendment Act 2000 Section 136(2) amended 12 October 2001 section 49(2)﻿(b) Radiocommunications Amendment Act 2000 Section 136(3) added 31 October 2006 section 32 Radiocommunications Amendment Act 2006 Section 136(3)﻿(b) amended 31 August 2012 section 6(1) Radiocommunications Amendment Act 2012 Section 136(4) repealed 31 August 2012 section 6(2) Radiocommunications Amendment Act 2012 Section 136(5) added 31 October 2006 section 32 Radiocommunications Amendment Act 2006 Section 136(6) inserted 31 August 2012 section 6(3) Radiocommunications Amendment Act 2012 Distress calls
137: Distress calls
Nothing in this Act shall prohibit any person in distress from using any means at that person's disposal to attract attention, indicate the person's position, and obtain assistance. Application of Commerce Act 1986
138: Application of Commerce Act 1986 to acquisition or disposition of management rights or licence in relation to radio frequencies
1: Subject to subsections (2) and (3), for the purposes of section 47 spectrum section 48
2: Nothing in subsection (1) applies in respect of the acquisition, by the Crown, of the management rights in relation to any radio frequencies where those management rights are acquired by the Crown—
a: on the recording, under section 10(2)
b:
3: Nothing in subsection (1) applies in respect of the acquisition, by any person, of any management rights or any spectrum spectrum Part 16 Section 138(1) substituted 1 January 1991 section 47 Commerce Amendment Act 1990 Section 138(1) amended 12 October 2001 section 50(1) Radiocommunications Amendment Act 2000 Section 138(2)﻿(b) repealed 12 October 2001 section 50(2) Radiocommunications Amendment Act 2000 Section 138(3) amended 12 October 2001 section 50(3) Radiocommunications Amendment Act 2000 Repeals and consequential amendments
139: Repeals and consequential amendments
1: Amendment(s) incorporated in the Act(s)
2: Amendment(s) incorporated in the Act(s)
3: The enactments specified in Schedule 2
16: Transitional provisions
140: Licences granted under Part 2 of Telecommunications Act 1987
Every licence granted under Part 2 Part 13 Section 140 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
141: Regulations deemed to have been made under this Act
The regulations set out in Schedule 3
142: Saving for documents made or acts done under Part 2 of Telecommunications Act 1987
Without limiting sections 140 141 Part 2 Part 13
143: Forms approved by Secretary may be used where no form prescribed
Section 143 expired 1 April 1990 section 143(2) Transitional rights in relation to Schedule 4 frequencies
144: Interpretation
1: In sections 145 to 153 gross income section 149(1)
a: means the gross earnings received from all sources during a financial year in respect of—
i: the provision or disposal of programmes, advertisements, or other matter broadcast or intended to be broadcast by that incumbent that involve the exercise of the rights conferred by any radio spectrum
ii: the provision of any other services that involve the exercise of the rights conferred by any radio
b: includes the money value of any consideration received otherwise than in cash; and
c: also includes any amount treated as part of the gross income of the incumbent in accordance with subsections (2) and (3) incumbent section 146 section 145
2: For the purposes of the definition of the term gross income in subsection (1), and without limiting its generality, the amount of any discount or commission paid or allowed or agreed to be paid or allowed by an incumbent to any person in respect of the provision or disposal of programmes, advertisements, or other matter broadcast or intended to be broadcast, or in respect of the provision of any other services that involve the exercise of the rights conferred by any radio spectrum
3: Where—
a: an amount, or part of an amount, earned during any financial year by any person, other than an incumbent, by reason of any contract, agreement, or arrangement between an incumbent and that other person relating to the provision or disposal of programmes or advertisements or other matter broadcast or intended to be broadcast, or relating to the provision of any other services that involve the exercise of the rights conferred by any radio spectrum
b: a relationship exists between the incumbent and the other person (whether by reason of any shareholding or of any contract, agreement, or arrangement, or for any other reason) of such a kind that the amount or the part of the amount, as the case may be, should, in the opinion of the Secretary, be treated for the purposes of this Part as part of the gross income of the incumbent in respect of that financial year,— the amount or the part of the amount, as the case may be, shall be so treated. Section 144(1) gross income substituted 28 August 1990 Radiocommunications Amendment Act (No 2) 1990 Section 144(1) gross income amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 144(1) gross income amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 144(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 144(3)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
145: Transitional rights in relation to frequencies in Schedule 4
1: This section applies to any frequency that is within any of the ranges of frequencies specified in Schedule 4
2: Where, pursuant to section 10(2) spectrum section 48(b)
3: Every spectrum
a: shall confer—
i: a right to transmit that is identical to the right conferred by the radio
ii: where the incumbent did not hold such a radio section 95(2)
b: shall have an expiry date that is the expiry date of that record of management rights.
4: Where, but for this subsection, the expiry date of any record of management rights relating to any frequency in relation to which a spectrum section 10(2) Section 145(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 145(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 145(3)﻿(a)﻿(i) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 145(3)﻿(a)﻿(ii) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 145(4) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
146: Incumbents in relation to Schedule 4 frequencies
1: For the purposes of section 145
a: in the case of a frequency that is used for the purposes of any television service to which this paragraph applies,—
i: where that frequency is within any of the ranges of frequencies specified in Part A section 10(2)
ii: where that frequency is within any of the ranges of frequencies specified in Part B
b: in the case of any other frequency, the person who, immediately before a record of management rights is recorded, pursuant to section 10(2)
i: is the holder of a radio
ii: is the holder of a radio section 95(2)
iii: is entitled, pursuant to section 95(2)
2: The television services to which subsection (1)﻿(a) applies are—
a: the service known as TV1:
b: the service known as TV2:
c: the service known as TV3. Section 146(1)﻿(a)﻿(i) substituted 30 June 1995 Radiocommunications Amendment Act 1995 Section 146(1)﻿(a)﻿(i) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 146(1)﻿(a)﻿(ii) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 146(1)﻿(b)﻿(i) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 146(1)﻿(b)﻿(ii) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 146(1)﻿(b)﻿(iii) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
146A: Transfer of rights of incumbents in relation to television services
1: Subject to subsection (2), a person who is the incumbent in relation to a frequency to which section 145 section 146(1)﻿(a)
2: A transfer to which subsection (1) applies shall not take effect unless the Secretary, at the written request of the incumbent, issues to the transferee the radio apparatus licences in relation to the frequency.
3: When a transfer to which subsection (1) applies takes effect, the transferee—
a: shall become the incumbent in relation to the frequency; and
b: shall, while the transferee is the incumbent,—
i: be entitled to transfer, in accordance with subsections (1) and (2), the transferee's rights as the incumbent in relation to the frequency; and
ii: perform the obligations imposed on the incumbent by this Part. Section 146A inserted 28 August 1990 Radiocommunications Amendment Act (No 2) 1990
147: Broadcasting Tribunal to certify incumbents
1: No person shall be entitled, by virtue of being an incumbent under section 146(1)﻿(b) spectrum section 145
a: at the close of 30 June 1989, held a sound-radio warrant under the Broadcasting Act 1976 in relation to that frequency; or
b: is or was entitled, pursuant to section 95(2)
2: The Broadcasting Tribunal shall, on application made on the form provided for the purpose by the Tribunal, issue a certificate certifying whether or not the applicant—
a: at the close of 30 June 1989, held a sound-radio warrant under the Broadcasting Act 1976 in relation to a frequency to which section 145
b: is or was entitled, pursuant to section 95(2)
3: Notwithstanding the repeals and revocations effected by the Broadcasting Act 1989 section 93 Section 147(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 147(1)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 147(2)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
148: Incumbent to give notice of intention to exercise transitional right
1: Where the incumbent in relation to any frequency to which section 145 spectrum section 10(2)
2: The incumbent shall also specify in that notice whether the incumbent elects to pay, in respect of the spectrum
a: an annual levy in accordance with paragraph (a) of subsection (1) of section 149
b: the amount referred to in paragraph (b) of that subsection,— and that election shall not be capable of revocation or variation.
3: If the incumbent in relation to any frequency does not give the written notice required by subsection (1) within the period specified in that subsection, the right conferred on the incumbent by section 145 spectrum spectrum Section 148(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 148(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 148(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
149: Payments for licences
1: Where any person is granted a spectrum section 145 section 148(2) spectrum
a: an annual levy calculated in accordance with section 150
b: the amount calculated in accordance with section 151
2: The payment or payments required by subsection (1) are in addition to any fees payable in respect of the spectrum section 135
3: The payment required by subsection (1)﻿(b) shall be payable,—
a: in the case of any spectrum section 146(1)﻿(b)
b: in the case of any spectrum section 146(1)﻿(a) Section 149(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 149(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 149(3) substituted 30 June 1995 Radiocommunications Amendment Act 1995 Section 149(3)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 149(3)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
150: Payment of annual levy
1: The annual levy payable pursuant to section 149(1)﻿(a) spectrum section 145
a: shall be payable in respect of each financial year during which that person holds that spectrum
b: shall be an amount equal to 1.5% of the gross income of that person in the financial year in respect of which the levy is payable; and
c: shall be paid not later than 6 months after the end of the financial year to which it relates.
2: Where, during any financial year, an incumbent holds such a spectrum
3: Every payment of the annual levy payable by an incumbent shall be accompanied by a return of the gross income of the incumbent for the financial year to which the payment relates.
4: The return—
a: shall be in such form and contain such particulars as the Secretary may from to time require; and
b: shall be accompanied by a certificate signed by an auditor and stating whether or not, in that auditor's opinion, the return represents a true and fair statement of the gross income of the incumbent. Section 150(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 150(1)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 150(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
151: Lump sum payment
1: The amount payable pursuant to section 149(1)﻿(b) spectrum section 145 a × b where— a is 1.5% of the gross income of the incumbent for the year ending on 31 December 1991; and b is 4.87.
2: Notwithstanding anything in subsection (1), but subject to subsection (5), where a spectrum section 145 section 146(1)﻿(b) section 149(1)﻿(b) spectrum
a: the amount calculated in accordance with subsection (1); or
b: the amount calculated in accordance with subsection (3),— whichever is the smaller.
3: The amount referred to in subsection (2)﻿(b) is the amount that is 50% of the average amount payable to the Secretary by way of consideration for all other comparable spectrum
a: that have applying to them a receive coverage area that in the case of each spectrum spectrum
b: that are disposed of by the Crown before 1 January 1992 by way of competitive tender.
4: For the purposes of subsection (3), a comparable spectrum
a: where the frequency in relation to which the incumbent is granted a spectrum section 145 spectrum
b: where the frequency in relation to which the incumbent is granted a spectrum section 145 spectrum
5: Subsection (2) does not apply where no comparable spectrum Section 151(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 151(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 151(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 151(3)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 151(4) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 151(4)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 151(4)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 151(5) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
152: Return to accompany lump sum payment
1: Every payment made pursuant to section 149(1)﻿(b)
2: The return—
a: shall be in such form and contain such particulars as the Secretary may require; and
b: shall be accompanied by a certificate signed by an auditor and stating whether or not, in that auditor's opinion, the return represents a true and fair statement of the gross income of the incumbent for the period referred to in subsection (1).
153: Transferee liable for payments
1: Where the rightholder's rights pursuant to a spectrum section 145 section 149 spectrum
2: Notwithstanding anything in subsection (1), where the rightholder's rights pursuant to a spectrum section 145 subpart YB spectrum Section 153(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 153(2) amended 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 153(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 153(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Transitional rights in relation to AMPS B Band
154: Interpretation
In sections 155 to 161 incumbent
a: where Telecom Corporation of New Zealand Limited holds a radio section 10(2)
b: where Telecom Cellular Limited holds a radio section 10(2)
c: where a wholly-owned subsidiary of Telecom Corporation of New Zealand Limited holds a radio section 10(2) Section 154(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 154(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 154(c) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
155: Transitional rights in relation to AMPS B Band
1: This section applies to any frequency that is within any of the ranges of frequencies specified in Schedule 5
2: Where, pursuant to section 10(2)
3: Where, but for this subsection, the expiry date of any record of management rights relating to any frequency in relation to which the incumbent is entitled to be registered as manager is earlier than the expiry of the period of 20 years commencing on the date on which that record of management rights was recorded under section 10(2)
156: Incumbent to give notice of intention to exercise transitional right
1: Where the incumbent in relation to any frequency to which section 155 section 10(2)
2: The incumbent shall also specify in that notice whether the incumbent elects to pay, in respect of that person's registration as manager,—
a: an annual levy in accordance with paragraph (a) of subsection (1) of section 157
b: the amount referred to in paragraph (b) of that subsection,— and that election shall not be capable of revocation or variation.
3: If the incumbent in relation to any frequency does not give the written notice required by subsection (1) within the period specified in that subsection, the right conferred on the incumbent by section 155
157: Payments for management rights
1: Where, pursuant to section 155 section 156(2)
a: an annual levy calculated in accordance with section 158
b: the amount calculated in accordance with section 159
2: The payment or payments required by subsection (1) are in addition to any fees payable in respect of that person's registration under any regulations made under section 135
3: The payment required by subsection (1)﻿(b) shall be payable on 30 June 1992.
4: Where, pursuant to section 155
158: Payment of annual levy
1: The annual levy payable pursuant to section 157(1)﻿(a) section 155
a: shall be payable in respect of each financial year during which that person is registered, pursuant to section 155
b: shall be an amount equal to 1.5% of the gross income of the incumbent in the financial year in respect of which the levy is payable, being gross income in respect of the provision of any services that involve the exercise of the rights conferred by any spectrum
c: shall be paid not later than 6 months after the end of the financial year to which it relates.
2: Where, during any financial year, an incumbent is registered as manager for a period that is less than the whole of that financial year, the annual levy payable by the incumbent shall be reduced in proportion to that period.
3: Every payment of the annual levy payable by an incumbent shall be accompanied by a return of the gross income of the incumbent for the financial year to which the payment relates.
4: The return—
a: shall be in such form and contain such particulars as the Secretary may from time to time require; and
b: shall be accompanied by a certificate signed by an auditor and stating whether or not, in that auditor's opinion, the return represents a true and fair statement of the gross income of the incumbent. Section 158(1)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
159: Lump sum payment
1: The amount payable pursuant to section 157(1)﻿(b) section 155 a × b where— a is 1.5% of the gross income of the incumbent for the year ending on 31 December 1991, being gross income in respect of the provision of any services that involve the exercise of the rights conferred by any spectrum section 155 b is 4.87.
2: Notwithstanding anything in subsection (1), where the management rights in relation to the frequencies of the AMPS A Band are disposed of by the Crown by way of competitive tender before 1 January 1992, the amount payable pursuant to section 157(1)﻿(b) section 155
a: the amount calculated in accordance with subsection (1); or
b: the amount calculated in accordance with subsection (3),— whichever is the smaller.
3: The amount referred to in subsection (2)﻿(b) is the amount that is 50% of the total amount payable to the Secretary by way of consideration for the management rights in relation to the frequencies of the AMPS A Band that are disposed of by the Crown by way of competitive tender before 1 January 1992.
4: For the purposes of subsections (2) and (3), the frequencies of the AMPS A Band are as follows:
a: the frequencies that are within the range of frequencies that are not less than 825.0150 MHz and do not exceed 835.005 MHz; and
b: the frequencies that are within the range of frequencies that are not less than 870.0150 MHz and do not exceed 880.005 MHz. Section 159(1) formula item a amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
160: Return to accompany lump sum payment
1: Every payment made pursuant to section 157(1)﻿(b)
2: The return—
a: shall be in such form and contain such particulars as the Secretary may require; and
b: shall be accompanied by a certificate signed by an auditor and stating whether or not, in that auditor's opinion, the return represents a fair and accurate statement of the gross income of the incumbent for the period referred to in subsection (1).
161: Transferee liable for payments
1: Where the management rights in relation to any frequency in respect of which an incumbent is registered as manager pursuant to section 155 section 157(1) sections 157 to 160
2: Notwithstanding anything in subsection (1), where the management rights in relation to any frequency in respect of which an incumbent is registered as manager pursuant to section 155 subpart YB Section 161(2) amended 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 161(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Transitional rights in relation to 2 frequency land mobile
162: Transitional rights in relation to frequencies in Schedule 6
1: This section applies to any frequency that is within any of the ranges of frequencies specified in Schedule 6
1A: For the purposes of this section and section 168 channel
2: Subject to section 169
a: pursuant to section 10(2)
b: that frequency is one of the frequencies of a channel; and
c: immediately before the date on which that record of management rights is so recorded, no person held more than 7 radio each person who, immediately before the date on which that record of management rights is so recorded, held a radio spectrum section 48
3: Every spectrum
a: shall confer a right to transmit that is identical to the right conferred by the radio
b: shall have an expiry date that is the expiry date of that record of management rights.
4: Subject to section 169
a: pursuant to section 10(2)
b: that frequency is one of the frequencies of a channel; and
c: immediately before the date on which that record of management rights is so recorded, any person held more than 7 radio that person shall have the right to be registered as manager of the frequencies of which that channel is comprised.
5: Where, but for this subsection, the expiry date of any record of management rights relating to any frequency in relation to which a spectrum section 10(2) Section 162(1A) inserted 12 October 2001 section 51 Radiocommunications Amendment Act 2000 Section 162(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 162(2) amended 12 October 2001 section 62 Radiocommunications Amendment Act 2000 Section 162(2)﻿(c) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 162(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 162(3)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 162(4)﻿(c) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 162(5) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
163: Incumbent to give notice of intention to exercise transitional right
1: Where, in relation to any frequency to which section 162 spectrum section 10(2)
2: That person shall also specify in that notice whether that person elects to pay, in respect of the spectrum
a: an annual fee in accordance with paragraph (a) of subsection (1) of section 164
b: the amount referred to in paragraph (b) of that subsection,— and that election shall not be capable of revocation or variation.
3: If the person entitled, pursuant to section 162 spectrum spectrum spectrum Section 163(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 163(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 163(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
164: Payments for licences
1: Where any person is granted a spectrum section 162 spectrum
a: an annual fee of $81; or
b: the amount calculated in accordance with section 166
2: The payment or payments required by subsection (1) are in addition to any fees payable in respect of the spectrum section 135
3: The payment required by subsection (1)﻿(b) shall be payable on 30 June 1992. Section 164(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 164(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
165: Payment of annual fee
1: The annual fee payable pursuant to section 164(1)﻿(a) spectrum section 162
a: shall be payable in respect of each financial year during which that person holds that spectrum
b: shall be paid not later than 3 months after the end of the financial year to which it relates.
2: Where, during any financial year, a person holds such a spectrum Section 165(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 165(1)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 165(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
166: Lump sum payment
1: The amount payable pursuant to section 164(1)﻿(b) spectrum section 162
a: $395; or
b: the amount calculated in accordance with subsection (2),— whichever is the smaller.
2: The amount referred to in subsection (1)﻿(b) is the amount that is 50% of the average amount payable to the Secretary by way of consideration for all comparable licences that are disposed of by the Crown before 1 January 1992 by way of competitive tender.
3: For the purposes of subsection (2), a comparable spectrum spectrum section 162 spectrum
a: that relates to any frequency to which section 162
b: that relates to a base repeater apparatus that is located not more than 5 kilometres from the base repeater apparatus to which the spectrum
4: Subsection (1)﻿(b) does not apply where no comparable spectrum Section 166(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 166(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 166(3)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 166(4) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
167: Transferee liable for payments
Where the rightholder's rights pursuant to a spectrum section 162 spectrum sections 164 to 166 Section 167 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
168: Payment for registration as manager
Where, pursuant to section 162(4) sections 164 to 167 section 10(2)
169: User of frequency entitled to be registered as manager
1: In this section, unless the context otherwise requires,— qualifying radio user
2: Where,—
a: pursuant to section 10(2) section 162
b: immediately before the date on which that record of management rights is so recorded,—
i: any person held, in relation to that frequency, any qualifying radio
ii: any person was the user in relation to that licence; and
c: the person who was the user in relation to that licence would be entitled, pursuant to section 162(4), to be registered as manager in relation to that frequency if that person had been the holder of that licence,— sections 162 168
3: Where, but for this subsection, subsection (2) would in any particular case have the effect of conferring on the Crown the right to be registered as manager in relation to any frequency, then, notwithstanding anything in section 162(4) Section 169(1) qualifying radio apparatus licence repealed 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 169(1) qualifying radio licence inserted 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 169(1) user amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 169(2)﻿(b)﻿(i) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Transitional rights in relation to Schedule 7 frequencies
170: Bodies specified in Schedule 7 entitled to licence
1: Notwithstanding anything in any of sections 144 to 153 section 10(2) Schedule 7 spectrum section 48
2: Nothing in subsection (1) exempts any body or organisation from liability for any fee payable, pursuant to any regulations made under section 135 spectrum
3: Where, in accordance with subsection (1), a spectrum section 48 spectrum
a: the terms, conditions, and restrictions that applied to the radio section 10(2)
b: the restrictions that applied pursuant to section 171
i: the broadcasting, by that body or organisation, of advertising programmes on that frequency; and
ii: the purposes for which a radio being the restrictions that applied immediately before a record of management rights was recorded under section 10(2)
4: Where, in accordance with subsection (1), a spectrum section 48 spectrum
5: Where, in accordance with subsection (1), a spectrum section 48 spectrum spectrum Section 170(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 170(1) amended 12 October 2001 section 63 Radiocommunications Amendment Act 2000 Section 170(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 170(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 170(3) amended 12 October 2001 section 63 Radiocommunications Amendment Act 2000 Section 170(3)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 170(3)﻿(b)﻿(ii) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 170(4) amended 12 October 2001 section 52 Radiocommunications Amendment Act 2000 Section 170(4) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 170(4) amended 12 October 2001 section 63 Radiocommunications Amendment Act 2000 Section 170(5) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 170(5) amended 12 October 2001 section 63 Radiocommunications Amendment Act 2000
171: Continuation of advertising restrictions, etc
Where any body or organisation is specified in Schedule 7
a: the restrictions that applied in relation to—
i: the broadcasting, by that body or organisation, on that frequency, of advertising programmes pursuant to the warrant or authorisation under the Broadcasting Act 1976 that was held by that body or organisation at the close of 30 June 1989; and
ii: the purposes for which a radio
b: where, as the result of a decision of the Broadcasting Tribunal, that body or organisation has, before the commencement of this Act, been granted a radio section 95(2)
i: the broadcasting, by that body or organisation, on that frequency, of advertising programmes; and
ii: the purposes for which that radio Section 171 amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 171(a)﻿(ii) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 171(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 171(b)﻿(ii) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
172: Amendment of advertising restrictions, etc
The Minister Gazette
a: any restrictions that, by virtue of section 171
b: any conditions that, by virtue of section 170(3)﻿(b) spectrum Section 172 amended 12 October 2001 section 53 Radiocommunications Amendment Act 2000 Section 172(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 172(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Transitional rights of other licenceholders under Part 13
173: Transitional rights of other licenceholders under Part 13
1: Subject to subsection (5), where, pursuant to section 10(2) spectrum section 48(b)
2: Where, in accordance with subsection (1), a spectrum section 48(b) spectrum radio licence section 10(2)
3: Nothing in this section exempts any person from liability for any fee payable, pursuant to any regulations made under section 135 spectrum section 48(b)
4: Where, but for this subsection, the expiry date of any record of management rights relating to any frequency in relation to which a spectrum section 10(2)
5: Nothing in this section applies in respect of any radio frequency that is within any of the ranges of frequencies specified in Schedule 4 Schedule 5 Schedule 6 Section 173(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 173(2) amended 31 October 2006 section 33 Radiocommunications Amendment Act 2006 Section 173(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 173(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 173(4) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Special provisions relating to Radio New Zealand Limited
174: Radio New Zealand Limited entitled to certain frequencies
1: This section applies to the frequencies used exclusively for the purposes of the operation of the following services:
a: the service known as the FM Concert Programme:
b: the service known as National Radio:
c: the service known as the AM Network:
d: the service known as 2YB.
2: Notwithstanding anything in sections 144 to 153 section 10(2) spectrum section 48(b)
3: Every spectrum spectrum
4: Where, but for this subsection, the expiry date of any record of management rights relating to any frequency in relation to which a spectrum section 10(2)
5: Nothing in subsection (2) exempts Radio New Zealand from liability for any fee payable, pursuant to any regulations made under section 135 spectrum Section 174(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 174(3) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 174(4) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 174(5) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
175: Conditions of licences relating to the FM Concert Programme and National Radio
1: This section applies to the following licences in any case where the licence is or was granted to Radio New Zealand for the purposes of any service referred to in paragraph (a) or paragraph (b) of section 174(1)
a: a radio Telecommunications Act 1987 Part 13
b: a radio
c: a spectrum section 48(b)
2: The following conditions shall be deemed to be incorporated into every licence to which this section applies:
a: that the first priority for the use of the frequency to which the licence relates shall be the broadcasting of—
i: in the case of a licence that relates to the service known as the FM Concert Programme, that service:
ii: in the case of a licence that relates to the service known as National Radio, that service,— as each such service is for the time being required to be operated in accordance with the conditions on which funds are made available for that purpose by the Broadcasting Commission under section 36
b: that no advertising programme shall be broadcast on the frequency to which the licence relates when that frequency is used for the purposes of any service referred to in paragraph (a) or paragraph (b) of section 174(1)
3: Nothing in subsection (2)﻿(b) prevents the inclusion in any programme of a credit in respect of a sponsorship or underwriting arrangement entered into in relation to that programme. Section 175(1)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 175(1)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 175(1)﻿(c) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
176: Conditions to lapse if public funding ceases
1: If public funds cease to be made available for the purpose of the service known as the FM Concert Programme or the service known as National Radio, then as from the specified date,—
a: the conditions deemed by section 175 or spectrum licence
b: there shall be payable to the Secretary, in respect of each such licence (being a licence granted pursuant to section 174 sections 149 150 153 section 145
2: For the purposes of subsection (1), the specified date shall be either—
a: the date specified in any contract by which public funds are made available for the purposes of the service known as the FM Concert Programme or the service known as National Radio as the date on which public funds shall cease to be made available; or
b: where there is no contract of the kind referred to in paragraph (a), the last day of the financial year during which public funds were made available for the purposes of the service known as the FM Concert Programme or the service known as National Radio during that financial year. Section 176 substituted 1 December 1995 section 20 Radio New Zealand Act 1995 Section 176(1)﻿(a) amended 31 October 2006 section 34 Radiocommunications Amendment Act 2006 Section 176(1)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000
177: Conditions of licences relating to AM Network
1: This section applies to every spectrum section 174
2: The following conditions shall be deemed to be incorporated into every spectrum
a: that the first priority for the use of the frequency to which the spectrum any other person
b:
c: that the rightholder shall pay to the Secretary an annual levy calculated in accordance with subsection (3), which levy is in addition to any fees payable in respect of the spectrum section 135
3: The annual levy payable pursuant to subsection (2)﻿(c) by the rightholder—
a: shall be payable in respect of each financial year during which the rightholder holds any spectrum
b: shall be an amount equal to 1.5% of the gross income of the rightholder in the financial year in respect of which the levy is payable, being gross income derived from the provision of all services involving the exercise of the rights conferred by any spectrum
c: shall be paid not later than 6 months after the end of the financial year to which it relates.
4: Subsections (2) to (4) of section 150 section 149(1)﻿(a)
5: For the purposes of subsection (3)﻿(b), the term gross income section 144 Section 177(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 177(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 177(2)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 177(2)﻿(a) amended 1 July 1994 Radiocommunications Amendment Act 1994 Section 177(2)﻿(b) repealed 1 December 1995 section 20 Radio New Zealand Act 1995 Section 177(2)﻿(c) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 177(3)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 177(3)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 177(3)﻿(b) amended 1 December 1995 section 20 Radio New Zealand Act 1995
178: Conditions of licences relating to 2YB service
1: This section applies to every spectrum section 174
2: The following conditions shall be deemed to be incorporated into every spectrum
a: that in relation to the service known as Wellington Access Radio, provision will be made for that service on the frequency to which the spectrum
b:
c: that the rightholder shall pay to the Secretary an annual levy calculated in accordance with subsection (3), which levy is in addition to any fees payable in respect of the spectrum section 135
3: The annual levy payable pursuant to subsection (2)﻿(c) by the rightholder—
a: shall be payable in respect of each financial year during which the rightholder holds any spectrum
b: shall be an amount equal to 1.5% of the gross income of the rightholder in the financial year in respect of which the levy is payable, being gross income derived from the provision of all services involving the exercise of the rights conferred by any spectrum
c: shall be paid not later than 6 months after the end of the financial year to which it relates.
4: Subsections (2) to (4) of section 150 section 149(1)﻿(a)
5: For the purposes of subsection (3)﻿(b), the term gross income section 144 Section 178(1) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 178(2) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 178(2)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 178(2)﻿(b) repealed 1 December 1995 section 20 Radio New Zealand Act 1995 Section 178(2)﻿(c) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 178(3)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 178(3)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 178(3)﻿(b) amended 1 December 1995 section 20 Radio New Zealand Act 1995 Crown not entitled to transitional rights
179: Crown not entitled to transitional rights
Notwithstanding anything in sections 145 to 178 Conditions deemed to be incorporated in licences granted to TV3
180: Conditions deemed to be incorporated in licences granted to TV3
1: This section applies to the following licences in any case where the licence was or is granted for the purposes of the television service known as TV3:
a: a radio Telecommunications Act 1987 Part 13
b: a radio
c: a spectrum section 48(b)
2: The following conditions shall be deemed to be incorporated into every licence to which this section applies:
a: that the interests and concerns of Maori shall be a prominent element in TV3's programming and presentation:
b: that in the third year after it commences broadcasting, TV3 shall broadcast a total of not less than 52 hours of programmes that are specifically designed to be of interest to Maori:
c: that TV3 shall ensure that not less than the following percentages of its total programming (excluding advertising and other promotional programmes) in any year consists of programmes that reflect and develop a New Zealand identity and culture or are specifically targeted at a New Zealand audience:
i: in its first year of broadcasting, 26.5%:
ii: in its second year of broadcasting, 36.5%:
iii: in its third year of broadcasting, 37.9%.
3: The conditions deemed by subsection (2) to be incorporated in every licence to which this section applies shall lapse at the close of 31 December 1992.
4: In calculating, for the purposes of paragraph (b) of subsection (2), the number of hours of programmes to which that paragraph applies that have been broadcast, advertising and promotional programmes broadcast during the course of any such programme shall be deemed to be part of that programme. Section 180(1)﻿(a) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 180(1)﻿(b) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Section 180(1)﻿(c) amended 12 October 2001 section 54 Radiocommunications Amendment Act 2000 Miscellaneous provisions
181: Priorities under Part 12 of licences granted to incumbents
1: For the purposes of section 107
a: in relation to any other licence that is granted pursuant to any provision of this Part, be deemed to have been granted at the same time as that other licence:
b: in relation to any licence granted other than pursuant to any provision of this Part, be deemed to have been granted before that other licence.
2: Where,—
a: pursuant to any provision of this Part, any person is registered as manager in respect of any frequency; and
b: that person creates, in respect of that frequency, any licence (being a licence to which section 48(a) section 10(2) subsection (1) shall apply to that licence as if it were a licence granted to that person pursuant to a provision of this Part.
182: Payments inclusive of goods and services tax
The amount of any payment required to be made by section 149 section 157 section 164 section 177(2)﻿(c) section 178(2)﻿(c) Goods and Services Tax Act 1985
183: Recovery of payments
1: Any payment required by section 149 section 157 section 164 section 177(2)﻿(c) section 178(2)﻿(c)
2: Where any person fails wholly or in part to make any payment required by section 149 section 157 section 164 section 177(2)﻿(c) section 178(2)﻿(c)
3: The section 169
4:
5:
6: Section 183(3) amended 3 December 2007 section 445 Insolvency Act 2006 Section 183(3) amended 1 April 1995 Income Tax Act 1994 Section 183(4) repealed 3 December 2007 section 445 Insolvency Act 2006 Section 183(5) repealed 3 December 2007 section 445 Insolvency Act 2006 Section 183(6) repealed 3 December 2007 section 445 Insolvency Act 2006