Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_21
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 21
Character Range: 6809–8983

21  At the end of section 60
Add:

 (5) Procedures determined under subsection (1) may:
 (a) impose limits on the aggregate of the parts of the spectrum that, as a result of the allocation of spectrum licences under this Subdivision, may be used by:
 (i) any one person; or
 (ii) a specified person; or
 (b) impose limits on the aggregate of the parts of the spectrum that, as a result of the allocation of spectrum licences under this Subdivision, may, in total, be used by the members of a specified group of persons.

Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way.

 (6) A limit imposed as mentioned in subsection (5) may be expressed to apply in relation to any or all of the following:
 (a) a specified part of the spectrum;
 (b) a specified area;
 (c) a specified population reach.
For example, procedures might specify an aggregate limit of 15 MHz per person in the band between 1200 MHz and 1300 MHz (inclusive) for a particular area. This subsection does not, by implication, limit subsection (5).

 (7) Procedures determined under subsection (1) may require the SMA to give specified information to the ACCC.

 (8) Subsections (5), (6) and (7) do not, by implication, limit subsection (1).

 (9) The SMA must not determine procedures imposing a limit as mentioned in subsection (5) unless the SMA is directed to do so by the Minister under subsection (10).

 (10) The Minister may give written directions to the SMA in relation to the exercise of the power to determine procedures imposing a limit as mentioned in subsection (5).

 (11) A direction under subsection (10) must be published in the Gazette.

 (12) The SMA must exercise its powers under subsection (1) in a manner consistent with any directions given by the Minister under subsection (10).

 (13) Subsection (10) does not, by implication, limit the Minister's power to give directions otherwise than under that subsection.

 (14) Before determining procedures under subsection (1), the SMA must consult the ACCC about whether the procedures should include a requirement mentioned in subsection (7) and, if so, the nature of the requirement.