Document ID: chunk:federal_register_of_legislation:C2024C00823:section:100:p3
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 100 (pt 3/3)
Character Range: 168417–171036

whether, in the 2 years before the application, the applicant has been the holder of an apparatus licence that has been cancelled otherwise than under section 153H.
 (5A) In deciding whether to issue a transmitter licence authorising operation of a radiocommunications transmitter:
 (a) within a part of the spectrum designated under subsection 31(1) or (1A); and
 (b) at a particular location (the relevant location);
for transmitting or re‑transmitting a commercial broadcasting service, the ACMA must also have regard to:
 (c) whether:
 (i) the commercial television broadcasting licensee; or
 (ii) the commercial radio broadcasting licensee;
  who provides the commercial broadcasting service has previously held a transmitter licence authorising operation of a radiocommunications transmitter for transmitting or re‑transmitting the commercial broadcasting service at a location that is the same as, or substantially similar to, the relevant location; and
 (d) whether there is a commercial arrangement between:
 (i) the applicant for the transmitter licence; and
 (ii) the commercial television broadcasting licensee or the commercial radio broadcasting licensee who provides the commercial broadcasting service;
  in relation to:
 (iii) the application; or
 (iv) the transmission of the commercial broadcasting service at a location that is the same as, or substantially similar to, the relevant location.
 (6) Without limiting subsection (4), in deciding whether to issue a transmitter licence, the ACMA must have regard to the following additional matters:
 (a) if a licence that the ACMA may issue as a result of the application would be a licence in respect of which persons operating the transmitters are required under section 119 to be qualified operators in relation to the licence—whether:
 (i) the applicant; or
 (ii) each person specified by the applicant as a person whom the applicant proposes to authorise under the licence to operate the transmitters;
  is a qualified operator in relation to such a licence;
 (b) whether the ACMA is satisfied that the proposed operation of the transmitters is not reasonably likely to cause:
 (i) death of, or injury to, persons; or
 (ii) loss of, or damage to, property.
 (7) If the ACMA refuses to issue the licence, it must give the applicant a written notice of the refusal, together with a statement of its reasons.
Note: Refusals to issue apparatus licences are reviewable under Part 5.6.
 (8) Nothing in this Act prevents 2 or more apparatus licences (whether transmitter licences or receiver licences or both) from being contained in the same instrument.