Document ID: chunk:federal_register_of_legislation:C2004A05139:clause:1_153b
Version: federal_register_of_legislation:C2004A05139
Segment Type: clause
Provision Reference: sch 1 cl 153B
Character Range: 19238–21204

153B  Spectrum re-allocation declaration

 (1) The Minister may make a written declaration that one or more specified parts of the spectrum are subject to re-allocation under this Part in relation to a specified period (the re-allocation period).

 (2) The declaration is called a spectrum re-allocation declaration.

 (3) For each part of the spectrum specified in the declaration, the declaration must be expressed to apply with respect to one or more specified areas.

 (4) The re-allocation period must:
 (a) begin within 28 days after the declaration is made; and
 (b) run for at least 2 years.

 (5) The declaration must specify a time as the re-allocation deadline for the declaration. That time must be at least 12 months before the end of the re-allocation period.

 (6) For each part of the spectrum specified in the declaration, the declaration must state whether the part of the spectrum should be re-allocated:
 (a) by issuing spectrum licences under Subdivision B of Division 1 of Part 3.2 (see section 153L); or
 (b) by issuing apparatus licences under Division 2 of Part 3.3 (see section 153M).

 (7) The declaration must not specify a particular part of the spectrum with respect to a particular area if, at the time of the declaration, a spectrum licence is in force authorising the operation of radiocommunications devices:
 (a) at frequencies that are wholly or partly within that part of the spectrum; and
 (b) within that area.

 (8) A particular part of the spectrum may be specified in the declaration whether or not any apparatus licences are in force authorising the operation of radiocommunications devices at frequencies that are wholly or partly within that part of the spectrum.

 (9) A particular part of the spectrum may be specified in the declaration even if it adjoins:
 (a) another part of the spectrum that is also specified in the declaration; or
 (b) 2 other parts of the spectrum that are also specified in the declaration.