Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_153g
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 153G
Character Range: 23961–26319

153G  Comments by potentially-affected apparatus licensees on recommendation

 (1) Before giving the Minister a recommendation under section 153F to make a spectrum re-allocation declaration, the SMA must:
 (a) prepare a written notice:
 (i) stating that the SMA has prepared a draft version of the recommendation; and
 (ii) setting out the terms of the draft version; and
 (b) both:
 (i) as far as practicable, make reasonable efforts to give each potentially‑affected apparatus licensee a copy of the notice; and
 (ii) cause a copy of the notice to be published in one or more newspapers circulating generally in the capital city of each State.

 (2) The notice must invite each potentially‑affected apparatus licensee to give written comments to the SMA about the draft version of the recommendation within the specified period after either:
 (a) the licensee receives the notice; or
 (b) the publication of the notice;
as the case may be. The specified period must run for at least 28 days.

 (3) If a potentially‑affected apparatus licensee has given comments in accordance with a notice under this section, then, in preparing the final version of the recommendation, the SMA must have regard to the comments.

 (4) Subsection (3) does not, by implication, limit the matters to which the SMA may have regard.

 (5) If the Minister is satisfied that:
 (a) at a time during the period:
 (i) beginning on 1 July 1996; and
 (ii) ending immediately before the commencement of this section;
  the SMA began a process of consultation about a particular proposal to re-allocate a part of the spectrum; and
 (b) the process may reasonably be regarded as equivalent to the process set out in subsections (1), (2), (3) and (4) that would otherwise have applied in relation to a recommendation corresponding to the proposal;
the Minister may, by written notice given to the SMA, exempt the SMA from compliance with those subsections in relation to a recommendation under section 153F that corresponds to the proposal.

 (6) In this section:

potentially‑affected apparatus licensee means the licensee of an apparatus licence, where the licensee would become an affected apparatus licensee if the spectrum re‑allocation declaration were to be made in accordance with the recommendation.

State includes the Northern Territory and the Australian Capital Territory.