Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:3_112
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 3 cl 112
Character Range: 72046–73366

112  Transitional—issuing spectrum licences under Subdivision A of Division 1 of Part 3.2 of the Radiocommunications Act 1992

Scope
(1) This item applies if, before the commencement of this item:
 (a) the ACMA gave the licensee of an apparatus licence an offer to issue a spectrum licence to replace the apparatus licence; and
 (b) the offer was given under section 56 of the Radiocommunications Act 1992; and
 (c) the spectrum licence was not issued under Subdivision A of Division 1 of Part 3.2 of the Radiocommunications Act 1992 before the commencement of this item.

Issuing spectrum licences etc.
(2) Despite the repeal of Subdivision A of Division 1 of Part 3.2 of the Radiocommunications Act 1992 by this Schedule, that Subdivision (other than subsection 59(1)) continues to apply, in relation to:
 (a) any acceptance, or non‑acceptance, of the offer by the licensee; and
 (b) the issue of the spectrum licence in response to any acceptance of the offer by the licensee; and
 (c) the allocation and issue of the spectrum licence as a consequence of any non‑acceptance of the offer by the licensee;
as if that repeal had not happened.
(3) For the purposes of this item, non‑acceptance of the offer by the licensee includes failure by the licensee to accept the offer on or before the day specified in the offer.