Document ID: chunk:federal_register_of_legislation:C2011A00177:clause:1_35a:p1
Version: federal_register_of_legislation:C2011A00177
Segment Type: clause
Provision Reference: sch 1 cl 35A (pt 1/2)
Character Range: 1153–3919

35A  Reviews relating to the uses of broadcasting services bands spectrum

Initial review
 (1) Before 1 January 2013, the Minister must cause to be conducted a review of:
 (a) whether broadcasting services bands spectrum that is, or may become, available for allocation should be used for a particular area or areas of Australia to provide television broadcasting services; and
 (b) if so, what variations (if any) should be made to any licence area plans in force under section 26; and
 (c) whether broadcasting services bands spectrum that is, or may become, available for allocation should be used for a particular area or areas of Australia to provide services other than television broadcasting services; and
 (d) if so, what licensing requirements (if any) should apply in relation to those services.
Note: For available for allocation, see subsection (9).

Subsequent reviews
 (2) The Minister may cause to be conducted a review of:
 (a) whether broadcasting services bands spectrum that is, or may become, available for allocation should be used for a particular area or areas of Australia to provide television broadcasting services; and
 (b) if so, what variations (if any) should be made to any licence area plans in force under section 26; and
 (c) whether broadcasting services bands spectrum that is, or may become, available for allocation should be used for a particular area or areas of Australia to provide services other than television broadcasting services; and
 (d) if so, what licensing requirements (if any) should apply in relation to those services.
Note: For available for allocation, see subsection (9).
 (3) Subsection (2) does not authorise the conduct of a review before the completion of the report of a review conducted under subsection (1).

Conduct of a review
 (4) The following matters must be taken into account in conducting a review under subsection (1) or (2):
 (a) the objects of this Act;
 (b) the matters referred to in paragraphs 23(a) to (f) in so far as they are relevant;
 (c) the availability of broadcasting services bands spectrum;
 (d) the impact (if any) that introducing new services may have on:
 (i) existing uses of the broadcasting services bands spectrum; or
 (ii) consumers;
 (e) in the case of a review under subsection (2)—the impact (if any) that introducing new services has had on:
 (i) existing uses of the broadcasting services bands spectrum; or
 (ii) consumers;
 (f) any other relevant matters.
 (5) A review under subsection (1) or (2) must be conducted in a manner that provides for wide public consultation.
 (6) The ACMA must make available such information as is reasonably necessary for the conduct of a review under subsection (1) or (2).

Report of a review
 (7) The Minister must cause to