Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_153p
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 153P
Character Range: 30534–31839

153P  Restriction on issuing apparatus licences for parts of the spectrum subject to re-allocation

 (1) This section applies if a spectrum re-allocation declaration is in force in relation to a particular part or parts of the spectrum.

 (2) During the re-allocation period, the SMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:
 (a) at frequencies that are within that part, or those parts, of the spectrum; and
 (b) within the area or areas specified in the declaration;
unless:
 (c) the licence is issued as mentioned in section 153M (which deals with re-allocation of spectrum by issuing apparatus licences); or
 (d) the licence is issued by way of renewal of an apparatus licence (see Division 7 of Part 3.3); or
 (e) the SMA is satisfied that the special circumstances of the particular case justify the issuing of the licence.

 (3) After the end of the re-allocation period, the SMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:
 (a) at frequencies that are within that part, or those parts, of the spectrum; and
 (b) within the area or areas specified in the declaration;
unless the SMA is satisfied that the special circumstances of the particular case justify the issuing of the licence.