Document ID: chunk:federal_register_of_legislation:C2004A00445:clause:1_4:p5
Version: federal_register_of_legislation:C2004A00445
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 5/5)
Character Range: 23295–25072

the old spectrum licence when some or all of it was assigned or resumed under Division 5 or 6 of Part 3.2 of the Radiocommunications Act 1992; and
 (b) you held the new spectrum licence when any of the *part of the *spectrum that was, just before the assignment or resumption, specified in the old spectrum licence is first specified in the new spectrum licence; and
 (c) none of that part of the spectrum was specified in any other spectrum licence in the interim; and
 (d) you used the old spectrum licence in the *current year or an earlier income year for the *purpose of producing assessable income.

380‑60  Amount arising from the replacement

 (1) If the *new spectrum licence *replaces some or all of an *old spectrum licence that is resumed under Division 6 of Part 3.2 of the Radiocommunications Act 1992, the amount arising from the replacement is the amount of compensation paid to you under section 93 of that Act in respect of that resumption.

Note: The amount arising does not include any ordinary income (see subsection (3)).

 (2) If the *new spectrum licence *replaces part of an *old spectrum licence that you assigned under Division 5 of Part 3.2 of that Act, the amount arising from the replacement is the amount in column 3 of the applicable item in the following table. (If more than one item applies, use the amount in the last applicable item.)

 (3) However, the amount arising from the *replacement (under subsection (1) or (2)) does not include any amount that is *ordinary income.

Amount arising when partly assigned
Item                                 You assigned part of the old spectrum licence:                                                                                                             Amount arising from the replacement