Document ID: chunk:federal_register_of_legislation:F2017L01266:clause:5_8:p9
Version: federal_register_of_legislation:F2017L01266
Segment Type: clause
Provision Reference: sch 5 cl 8 (pt 9/9)
Character Range: 63349–65156

based allocation procedure unless:
         (a)                the spectrum licence was used to provide a service of a kind determined by the Minister under subsection 82(3) of the Act for which re-issuing spectrum licences to the same licensee would be in the public interest; or
         (b)               the ACMA is satisfied under paragraph 82(1)(b) of the Act that special circumstances exist as a result of which it would be in the public interest for that licensee to continue to hold the spectrum licence.
Trading
         8. (1) A licensee may assign or otherwise deal with the whole or any part of a spectrum licence provided that this is done in accordance with any rules determined by the ACMA under section 88 of the Act.

         (2)  An assignment under section 85 of the Act of the whole or any part of a spectrum licence that involves any change to the spectrum licence cannot take effect until the Register has been amended under Part 3.5 of the Act, to take it into account.
Appeals
    9. An application may be made to the ACMA for reconsideration of a decision of a kind listed in section 285 of the Act.  A person affected by and dissatisfied with an ACMA decision may seek a reconsideration of the decision by the ACMA under subsection 288(1) of the Act.  This decision can be subject to further review by the Administrative Appeals Tribunal, subject to the provisions of the Administrative Appeals Tribunal Act 1975.
Labelling of radiocommunications transmitters
    10. Licensees should affix identification labels containing the name and address of the licensee on all fixed radiocommunications transmitters operated under this licence.
         Note: An example of an identification label would be one containing the following statement: "This device is the property of 'name'".