Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:3_10
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 3 cl 10
Character Range: 18597–19440

10  Subsections 39(1) and (2)
Repeal the subsections, substitute:
  (1) The ACMA may, by legislative instrument, prepare a marketing plan for issuing spectrum licences that authorise the operation of radiocommunications devices:
 (a) at the frequencies specified in the plan; and
 (b) within the area or areas specified in the plan.
 (2) If an apparatus licence authorises the operation of radiocommunications devices:
 (a) at one or more frequencies; and
 (b) within one or more areas;
the ACMA must not make a marketing plan that applies to the issue of spectrum licences that authorise the operation of radiocommunications devices:
 (c) at those frequencies; and
 (d) within those areas;
unless the marketing plan provides that one or more spectrum licences are to be allocated by direct allocation to the holder of the apparatus licence.