Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:3_105
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 3 cl 105
Character Range: 51945–53090

105  Restrictions on issuing apparatus licences
 (1) Subject to subsection (3), if a spectrum licence authorises the operation of radiocommunications devices:
 (a) at one or more frequencies; and
 (b) within one or more areas;
the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:
 (c) at those frequencies; and
 (d) within those areas.
 (2) Subject to subsection (3), if a marketing plan is in force in relation to the issue of a spectrum licence that authorises the operation of radiocommunications devices:
 (a) at one or more frequencies; and
 (b) within one or more areas;
the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:
 (c) at those frequencies; and
 (d) within those areas.
 (3) The ACMA may issue an apparatus licence mentioned in subsection (1) or (2):
 (a) to a body or person covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body or person; or
 (b) if it is satisfied that the special circumstances of the particular case justify the issuing of the licence.