Document ID: chunk:federal_register_of_legislation:C2024C00823:section:100:p1
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 100 (pt 1/3)
Character Range: 163162–166115

100  Issuing apparatus licences
 (1) Subject to sections 102, 102C, 102D, 102E and 102F, upon such application being made, the ACMA may issue to the applicant an apparatus licence.
 (1A) The ACMA must not issue a temporary community transmitter licence except under section 101A. For the purposes of this subsection, a temporary community transmitter licence is an apparatus licence that authorises operation of one or more radiocommunications transmitters for transmitting a community broadcasting service in accordance with a temporary community broadcasting licence.
 (2) The ACMA must not issue an apparatus licence authorising operation of a radiocommunications transmitter within a part of the spectrum designated under subsection 31(1) or (1A) unless:
 (a) the issue of the licence is in accordance with a decision of the ACMA under subsection 34(1) or (3) of the Broadcasting Services Act 1992; or
 (b) the issue of the licence is in accordance with a determination under subsection 31(2) of this Act; or
 (c) the licence is a digital radio multiplex transmitter licence.
 (3) Subsection (2) does not prevent the ACMA from issuing an apparatus licence authorising operation of a radiocommunications transmitter for transmitting a broadcasting service if:
 (a) the licence authorises operation of the transmitter only within a part of the spectrum that constitutes capacity reserved under paragraph 31(1)(a) of the Broadcasting Services Act 1992; and
 (b) the broadcasting service in question is a broadcasting service of a kind for which the capacity has been so reserved.
 (3A) An NBS transmitter licence cannot be issued to any person other than:
 (a) the Australian Broadcasting Corporation; or
 (b) the Special Broadcasting Service Corporation; or
 (c) the Commonwealth.
 (3AA) Subsection (2) does not prevent the ACMA from issuing an NBS transmitter licence that authorises the operation of one or more transmitters for transmitting one or more national broadcasting services that are covered by a licence area plan in force under section 26 of the Broadcasting Services Act 1992.
 (3B) The ACMA must not issue a transmitter licence authorising operation of a radiocommunications transmitter for transmitting an international broadcasting service unless there is in force an international broadcasting licence that authorises the provision of that service.
 (3BA) The ACMA must not issue a transmitter licence authorising operation of a radiocommunications transmitter for transmitting or re‑transmitting a commercial broadcasting service if:
 (a) the ACMA has reasonable grounds to believe that the application for the licence is part of a scheme:
 (i) entered into; or
 (ii) being carried out; or
 (iii) that has been carried out;
  for the sole or dominant purpose of avoiding the application of any provision of the Commercial Broadcasting (Tax) Act 2017 (other than section 14 of that Act); and
 (b) the applicant has not satisfied the