Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_153j
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 153J
Character Range: 26740–28079

153J  Revocation and variation of spectrum re-allocation declaration

 (1) The Minister must not revoke a spectrum re-allocation declaration if:
 (a) the declaration states that a particular part of the spectrum should be re-allocated by issuing licences; and
 (b) the SMA has begun allocating any or all of those licences.

 (2) The Minister must not vary a spectrum re-allocation declaration if:
 (a) the declaration states that a particular part of the spectrum should be re-allocated by issuing licences; and
 (b) the SMA has begun allocating any or all of those licences with respect to a particular area; and
 (c) the variation relates to the whole or a part of that area.

 (3) For the purposes of this section, the SMA is taken to begin allocating licences if, and only if:
 (a) in a case where the licences are to be allocated by auction—the SMA publishes an advertisement for that auction; or
 (b) in a case where the licences are to be allocated by tender—the SMA publishes an advertisement calling for suitable tenders; or
 (c) in any other case—the SMA invites applications for the allocation of the licences.

 (4) This section does not prevent the Minister from varying a spectrum re-allocation declaration so as to extend the re‑allocation deadline if the Minister is of the opinion that there are special circumstances.