Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p14
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 35175–37931

under subsection 82a (4) of the Principal Act is given after the commencement of this subsection.

26. After section 82a of the Principal Act the following sections are inserted:

Applications for grant of limited licences
"82ab. (1) A person may apply to the Minister for the grant of a limited licence.
"(2) The application must be in a form approved by the Minister.

"(3) Where the Minister receives an application under subsection (1), the Minister shall:
     (a) dismiss the application on technical or planning grounds;
     (b) defer consideration of the application on technical or planning grounds;
     (c) determine not to consider the application but to exercise the Minister's powers under subsection (5) instead; or
     (d) refer the application to the Tribunal together with a written notice that sets out:
         (i) the service specifications to which the licence is to be subject; and
         (ii) an outline of the technical conditions proposed to be included in the licence warrant.
"(4) The Minister shall not exercise the power under paragraph (3) (b) or (c) in relation to an application more than 2 months after receiving the application.
"(5) The Minister may call for applications for a limited licence or limited licences by publishing in the Gazette and in a newspaper or newspapers, if any, circulating in the area concerned, a notice that:
     (a) sets out, in relation to the licence or each of the licences:
         (i) the service specifications to which the licence is to be subject; and
         (ii) an outline of the technical conditions proposed to be included in the licence warrant;
     (b) invites interested persons to apply to the Tribunal, in accordance with the regulations, for the grant of the licence or of one or more of the licences; and
     (c) where the notice relates to 2 or more licences—sets out the maximum number of licences that the Tribunal may grant pursuant to the notice.
"(6) The Minister may exercise the powers under subsection (5) either:
     (a) in response to an application under subsection (1); or
     (b) on the Minister's own initiative.
"(7) A notice under subsection (5) shall specify the day by which applications must be made to the Tribunal.
"(8) The day specified under subsection (7) shall be not less than 56 days after the day on which the notice is published in the Gazette.
"(9) Where the Minister sets out in a notice under subsection (5) the maximum number of licences that the Tribunal may grant pursuant to the notice, the Tribunal may grant a licence, or a number of licences not exceeding that maximum number, pursuant to the notice.

"(10) Where the Minister may defer consideration of an application under this section, the Minister:
     (a) may defer