Document ID: chunk:federal_register_of_legislation:C2024C00823:section:100:p2
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 100 (pt 2/3)
Character Range: 165881–168665

that has been carried out;
  for the sole or dominant purpose of avoiding the application of any provision of the Commercial Broadcasting (Tax) Act 2017 (other than section 14 of that Act); and
 (b) the applicant has not satisfied the ACMA that the application for the licence is not part of such a scheme.
 (3BB) For the purposes of subsection (3BA), scheme means:
 (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or
 (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
 (3C) If:
 (a) a provisional international broadcasting certificate is in force in relation to an application for a transmitter licence; and
 (b) the application for the licence is made by the holder of the certificate; and
 (c) the conditions set out in the certificate are satisfied;
the ACMA must not refuse to issue the transmitter licence unless the ACMA is satisfied that there are exceptional circumstances that warrant the refusal.
 (4) In deciding whether to issue an apparatus licence, the ACMA must have regard to:
 (a) all matters that it considers relevant; and
 (b) without limiting paragraph (a), the effect on radiocommunications of the proposed operation of the radiocommunications devices that would be authorised under the licence.
 (4A) The ACMA, in deciding whether to issue an apparatus licence, may have regard to a frequency assignment certificate issued by a person who holds an accreditation of a kind specified in the legislative rules, stating that the operation of a device under the licence:
 (a) on a specified frequency or frequencies, or on a specified frequency channel; and
 (b) at a specified constancy; and
 (c) at a specified location; and
 (d) subject to specified technical conditions;
will satisfy any conditions that are required to be satisfied, in relation to the issue of such a certificate, under a determination made under section 266A.
 (4B) The legislative rules may authorise a person who holds a kind of accreditation mentioned in subsection (4A) to charge fees in relation to the issue of frequency assignment certificates under subsection (4A). A fee must not be such as to amount to taxation.
 (4C) In deciding whether to issue an apparatus licence, the ACMA may also have regard to the aggregate of the parts of the spectrum that, under transmitter licences or spectrum licences, may be used by the applicant.
 (5) In deciding whether to issue an apparatus licence, the ACMA may also have regard to whether, in the 2 years before the application, the applicant has been the holder of an apparatus licence that has been cancelled otherwise than under section 153H.
 (5A) In deciding whether to issue a transmitter licence authorising operation of a