Document ID: chunk:federal_register_of_legislation:C2024C00823:section:153p
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 153P
Character Range: 391925–393016

153P  Restriction on issuing apparatus licences for parts of the spectrum subject to re‑allocation
 (1) This section applies if a spectrum re‑allocation declaration is in force in relation to a particular part or parts of the spectrum.
 (2) During the re‑allocation period, the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:
 (a) at frequencies that are within that part, or those parts, of the spectrum; and
 (b) within the area or areas specified in the declaration;
unless:
 (c) the licence is issued as mentioned in section 153M (which deals with re‑allocation of spectrum by issuing apparatus licences); or
 (d) the licence is issued by way of renewal of an apparatus licence (see Division 7 of Part 3.3); or
 (da) the licence is issued to a body covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body; or
 (e) the ACMA is satisfied that the special circumstances of the particular case justify the issuing of the licence.

Chapter 4—General regulatory provisions