Document ID: chunk:federal_register_of_legislation:F2015L01217:body:0:p1
Version: federal_register_of_legislation:F2015L01217
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Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2015
Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under section 86 and section 88 of the Radiocommunications Act 1992.

Dated 29th July 2015

Chris Chapman
[signed]
Member

Richard Bean
[signed]
Member / General Manager

Australian Communications and Media Authority

1 Name of Determination
  This Determination is the Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2015.
2 Commencement
  This Determination commences on the day after it is registered.
Note   All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003.  See http://www.comlaw.gov.au.
3 Revocation
  The Radiocommunications (Trading Rules for Defence Spectrum Licences) Determination 2005 [F2005L02543] is revoked.
4 Purpose of Determination
  This Determination:
 (a) sets out the rules for the trading of spectrum licences in particular cases where the assignor is Defence; and
 (b) requires the provision of information about the assignment for the purpose of amending the Register.
Note   Under section 88 of the Act, the ACMA may determine rules for the assignment of spectrum licences and the circumstances in which licences can be varied, issued or cancelled to effect assignments.  Under section 86, the ACMA may require information about assignments for the purpose of amending the Register.
5 Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012 — non-application to Defence
  The Radiocommunications (Trading Rules for Spectrum Licences) Determination 2012 does not apply to licences in the frequency bands listed in column 1 of Schedule 1 issued to Defence.
6 Definitions
  In this Determination, unless the contrary intention appears:
Act means the Radiocommunications Act 1992.
Defence means the Department of Defence.
Defence spectrum licence means a licence issued to Defence.
licence means a spectrum licence.
standard trading unit (or STU), in relation to a frequency band, means the unit of spectrum space specified in Schedule 1 for the band.
trade, in relation to a Defence spectrum licence, means assign or otherwise deal with the whole or a part of the Defence spectrum licence.
unit of spectrum space means a unit comprised of a geographic area and a bandwidth of frequencies.
Note   In accordance with paragraph 13(1)(b) of the Legislative Instruments Act 2003, other expressions in this Determination have the same meaning as in the Act, including:
       ACMA
       Australia
       frequency band
       licensee
       Register
       spectrum licence
7 What may be traded
  Defence may trade the whole of a Defence spectrum licence.
Note   Trading in a Defence spectrum licence will not take effect before the trading is registered: see section 86 of the Act.
8 Restrictions on trading and rules about varying licences
 (1) Subject to subsection (4), Defence may not trade a