Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_11
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 2154–3779

11  At the end of section 36
Add:

 (6) If there is in force a spectrum re-allocation declaration stating that a particular part of the spectrum is subject to re-allocation with respect to a particular area, then, during the re-allocation period for the declaration, the Minister must not give a notice under this section that relates wholly or partly to that part of the spectrum with respect to the whole or a part of that area.

 (7) If, at the beginning of the re-allocation period for a spectrum re‑allocation declaration:
 (a) the declaration states that a particular part of the spectrum is subject to re-allocation with respect to a particular area; and
 (b) a notice is in force under this section designating a particular part of the spectrum to be allocated by issuing spectrum licences with respect to a particular area; and
 (c) the part and area covered by the declaration overlap, to any extent, with the part and area covered by the notice;
then:
 (d) the notice; and
 (e) any conversion plan prepared by the SMA on receiving the notice; and
 (f) any marketing plan prepared by the SMA on receiving the notice;
cease to have effect at the beginning of that period, to the extent of the overlap.

 (8) If:
 (a) because of subsection (7), Subdivision A of Division 1 of Part 3.2 ceases to apply to a particular apparatus licence at a particular time; and
 (b) before that time, the SMA gave the licensee an offer under section 56 to issue a spectrum licence to replace the apparatus licence;
subsection (7) does not prevent:
 (c) the licensee accepting the offer; or
 (d) the SMA issuing the spectrum licence.