Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_35
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 35
Character Range: 12050–14343

35  After subsection 106(2)
Insert:

 (3) A system so determined may:
 (a) impose limits on the number of transmitter licences that the SMA may issue to:
 (i) any one person; or
 (ii) a specified person; or
 (b) impose limits on the number of transmitter licences that the SMA may, in total, issue to the members of a specified group of persons.

Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way.

 (4) A limit imposed as mentioned in subsection (3) may be expressed to apply in relation to any or all of the following:
 (a) a specified part of the spectrum;
 (b) a specified area;
 (c) a specified population reach.
For example, a system might impose a limit of one transmitter licence per person in the band between 1800 MHz and 1900 MHz (inclusive) for a particular area. This subsection does not, by implication, limit subsection (3).

 (5) A system so determined may provide that, if the issue of a licence is covered by section 153M (which deals with re-allocation of spectrum), the SMA may defer the issue of the licence until the relevant frequencies become available as a result of the expiry, surrender or cancellation of one or more other apparatus licences that, under section 153D, are affected by the spectrum re‑allocation declaration concerned.

 (6) A system so determined may require the SMA to give specified information to the ACCC.

 (7) Subsections (2), (3), (4), (5) and (6) do not, by implication, limit subsection (1).

 (8) The SMA must not determine a system imposing a limit as mentioned in subsection (3) unless the SMA is directed to do so by the Minister under subsection (9).

 (9) The Minister may give written directions to the SMA in relation to the exercise of the power to determine procedures imposing a limit as mentioned in subsection (3).

 (10) A direction under subsection (9) must be published in the Gazette.

 (11) The SMA must exercise its powers under subsection (1) in a manner consistent with directions given by the Minister under subsection (9).

 (12) Before determining a price-based allocation system under subsection (1), the SMA must consult the ACCC about whether the procedures should include a requirement mentioned in subsection (6) and, if so, the nature of the requirement.