Document ID: chunk:federal_register_of_legislation:F2015L01217:body:0:p2
Version: federal_register_of_legislation:F2015L01217
Segment Type: other
Provision Reference: 
Character Range: 2855–5174

Trading in a Defence spectrum licence will not take effect before the trading is registered: see section 86 of the Act.
8 Restrictions on trading and rules about varying licences
 (1) Subject to subsection (4), Defence may not trade a part of a Defence spectrum licence that is less than a standard trading unit.
 (2) Without limiting the ACMA's powers under section 87 of the Act, if Defence trades the whole or a part of a Defence spectrum licence, the ACMA may revoke any licence condition included in the licence that the ACMA considers was included specifically because the licence was issued to Defence.
 (3) Defence may not trade a Defence spectrum licence for the purpose of providing security for a loan.
 (4) Defence may request in writing that the ACMA vary a STU, for a particular Defence spectrum licensed frequency band listed in Schedule 1, in order to give effect to a trade.
 (5) Subsection (4) does not, by implication:
 (a) modify or alter the requirements in subsections (1) to (3); or
 (b) limit the powers of the ACMA under the Act to make or vary spectrum licence conditions.
Note   To give effect to a trade the ACMA may vary a licence or the conditions of a licence, or issue or cancel licences: see section 87 of the Act.
9 Information to be given to the ACMA
  For subsection 86 (1) of the Act, the information to be given to the ACMA about the trade of a Defence spectrum licence must include the name and postal address of the person to whom the Defence spectrum licence is being traded.
Note 1   Section 86 of the Act requires parties to an assignment to give the ACMA such information about the assignment as the ACMA requires to amend the Register.
Note 2   The ACMA must make the changes to the Register that are necessary as a result of trading: see section 146 of the Act.
Schedule 1 Standard trading unit
(section 6, definition of standard trading unit)

  A standard trading unit for a frequency band mentioned in column 1 of an item in the table below is the unit comprised of the geographic area specified in column 2 of the item and the bandwidth specified in column 3 of the item.

    Column 1         Column 2            Column 3

    Frequency band   Geographic  area    Bandwidth
 1  20.2 – 21.2 GHz  Whole of Australia  1 GHz
 2  30 – 31 GHz      Whole of Australia  1 GHz