Document ID: chunk:federal_register_of_legislation:C2024C00823:section:106:p2
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 106 (pt 2/3)
Character Range: 220063–222645

concerned.
 (6) A system so determined may require the ACMA to give specified information to the ACCC.
 (7) Subsections (2), (3), (4), (5) and (6) do not, by implication, limit subsection (1).
 (9) The Minister may give written directions to the ACMA in relation to the exercise of the power to determine procedures imposing a limit as mentioned in subsection (3).
 (10) A direction under subsection (9) must be published in the Gazette.
 (11) The ACMA must exercise its powers under subsection (1) in a manner consistent with any directions given by the Minister under subsection (9).
 (11A) Before determining a price‑based allocation system under subsection (1), the ACMA must consult the ACCC about whether the system should impose limits as mentioned in subsection (3) and, if so, the nature of those limits.
 (12) Before determining a price‑based allocation system under subsection (1), the ACMA must consult the ACCC about whether the procedures should include a requirement mentioned in subsection (6) and, if so, the nature of the requirement.
 (12A) A price‑based allocation system determined under subsection (1) may confer a power to make a decision of an administrative character on a person or the ACMA.
 (13) If a transmitter licence is issued under a system so determined, the ACMA must publish in the Gazette:
 (a) the successful applicant's name; and
 (b) the amount that the applicant agreed to pay to the Commonwealth for issue of the licence.
 (14) If:
 (a) a transmitter licence of a kind specified for the purposes of subsection (1) would authorise a person to operate a radiocommunications transmitter; and
 (b) this Act or any other law requires that a person operating a transmitter:
 (i) of that kind; or
 (ii) for a purpose for which the transmitter is to be used;
  be within a specified class of persons;
the Minister may give the ACMA a written direction requiring the ACMA, in determining a price‑based allocation system, to limit the persons eligible to apply for such a transmitter licence to:
 (c) persons within that specified class; or
 (d) persons not within, but eligible to be within, that class; or
 (e) persons within that class and persons not within, but eligible to be within, that class.
 (15) The ACMA must comply with a direction under subsection (14).
 (16) A direction under subsection (14) is a legislative instrument.
 (17) Subsections (9) and (14) do not, by implication, limit the Minister's power to give directions otherwise than under those subsections.
 (18) A determination under subsection (1) is a legislative instrument.