Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_37
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 37
Character Range: 14384–15537

37  At the end of section 106
Add:

 (14) If:
 (a) a transmitter licence of a kind specified for the purposes of subsection (1) would authorise a person to operate a radiocommunications transmitter; and
 (b) this Act or any other law requires that a person operating a transmitter:
 (i) of that kind; or
 (ii) for a purpose for which the transmitter is to be used;
  be within a specified class of persons;
the Minister may give the SMA a written direction requiring the SMA, in determining a price-based allocation system, to limit the persons eligible to apply for such a transmitter licence to:
 (c) persons within that specified class; or
 (d) persons not within, but eligible to be within, that class; or
 (e) persons within that class and persons not within, but eligible to be within, that class.

 (15) The SMA must comply with a direction under subsection (14).

 (16) A direction under subsection (14) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

 (17) Subsections (9) and (14) do not, by implication, limit the Minister's power to give directions otherwise than under those subsections.