Document ID: chunk:federal_register_of_legislation:C2010A00146:clause:1_138
Version: federal_register_of_legislation:C2010A00146
Segment Type: clause
Provision Reference: sch 1 cl 138
Character Range: 2332–3234

138  Parts of the spectrum allocated for spectrum licences
 (1) The ACMA must not issue a class licence that authorises the operation of radiocommunications devices at frequencies that are within a part of the spectrum that is:
 (a) designated under section 36 to be allocated by issuing spectrum licences; or
 (b) specified in a spectrum re‑allocation declaration that gives effect to paragraph 153B(6)(a);
unless subsection (2) is satisfied.
 (2) Before issuing a class licence:
 (a) the ACMA must be satisfied that:
 (i) issuing the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and
 (ii) issuing the class licence would be in the public interest; and
 (b) the ACMA must consult all licensees of spectrum licences who may be affected by the proposed class licence.