Document ID: chunk:federal_register_of_legislation:C2024C00823:section:130:p1
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 130 (pt 1/2)
Character Range: 357444–360078

130  Renewing apparatus licences
 (1) When an application is made for the renewal of an apparatus licence, the ACMA may renew the licence by issuing to the applicant a new apparatus licence.
 (2) The conditions of the new apparatus licence need not be the same as those of the licence that it replaces.
 (2A) The ACMA must not renew the licence if:
 (a) under section 153D, the licence is affected by a spectrum re‑allocation declaration; and
 (b) the licence is due to expire after the end of the re‑allocation period for the spectrum re‑allocation declaration.
 (2C) The ACMA must not renew the licence if the licence included a renewal statement to the effect that the licence cannot be renewed.
 (2D) If the licence included a renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the ACMA must not renew the licence unless the ACMA is satisfied that the specified circumstances exist.
 (2E) The ACMA must not renew the licence by issuing a new apparatus licence that specifies a period for the purposes of subsection 103(2) that is 10 years or longer unless the ACMA is satisfied that it is in the public interest to do so.
 (2F) If the licence included a public interest statement, the ACMA must not renew the licence unless the ACMA is satisfied that it is in the public interest to do so.
 (3) In deciding whether to renew the licence, the ACMA:
 (a) must have regard to the same matters to which it must have regard under subsections 100(4) and (6) in deciding whether to issue such a licence; and
 (b) may have regard to the same matters to which it may have regard under subsections 100(4C) and (5) in deciding whether to issue such a licence.
 (3A) In deciding whether to renew the licence, the ACMA may have regard to the following matters:
 (a) whether the applicant has an outstanding liability to pay an amount of:
 (i) apparatus licence tax; or
 (ii) spectrum licence tax; or
 (iii) spectrum access charge; or
 (iv) interim tax;
 (b) whether the applicant has contravened a condition of the licence;
 (c) whether the following conditions are satisfied:
 (i) a person authorised by the applicant under section 114 in relation to the licence has contravened a condition of the licence;
 (ii) the applicant was aware, or ought reasonably to have been aware, of the contravention;
 (iii) the applicant failed to take reasonable steps to prevent the contravention;
 (d) whether the applicant held another licence that was cancelled during the previous 2 years (otherwise than under section 87, 128B, 153H or 307).
 (4) The new licence comes