Document ID: chunk:federal_register_of_legislation:C2004A00626:clause:2_3
Version: federal_register_of_legislation:C2004A00626
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 7121–8334

3  At the end of section 31
Add:

 (2) If a subsection (1) designation is in force in relation to a particular part of the spectrum, the ACA and the ABA may make a written agreement allowing licences, or specified kinds of licences, to be issued in specified circumstances in relation to that part of the spectrum or to a specified part or parts of that part of the spectrum.

 (3) The ACA and the ABA may agree in writing to vary or revoke a subsection (2) agreement.

 (4) In addition, the ABA may revoke a subsection (2) agreement if the ABA considers that the agreement is preventing the ABA from properly performing its planning functions under the Broadcasting Services Act 1992.

 (5) Before revoking the agreement under subsection (4), the ABA must consult with the ACA and with the holders of any licences that were issued in accordance with the agreement.

 (6) A subsection (2) agreement must not be inconsistent with the spectrum plan.

 (7) If a subsection (2) agreement is made, varied or revoked, the ACA must publish in the Gazette a notice stating:
 (a) that the agreement has been made, varied or revoked; and
 (b) the places where copies of the agreement, as made or varied, can be purchased.