Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (151 of 2020)

Schedule 3   Licences etc.

Part 2   Application and transitional provisions

112   Transitional - issuing spectrum licences under Subdivision A of Division 1 of Part 3.2 of the Radiocommunications Act 1992

Scope

(1) This item applies if, before the commencement of this item:

(a) the ACMA gave the licensee of an apparatus licence an offer to issue a spectrum licence to replace the apparatus licence; and

(b) the offer was given under section 56 of the Radiocommunications Act 1992; and

(c) the spectrum licence was not issued under Subdivision A of Division 1 of Part 3.2 of the Radiocommunications Act 1992 before the commencement of this item.

Issuing spectrum licences etc.

(2) Despite the repeal of Subdivision A of Division 1 of Part 3.2 of the Radiocommunications Act 1992 by this Schedule, that Subdivision (other than subsection 59(1)) continues to apply, in relation to:

(a) any acceptance, or non-acceptance, of the offer by the licensee; and

(b) the issue of the spectrum licence in response to any acceptance of the offer by the licensee; and

(c) the allocation and issue of the spectrum licence as a consequence of any non-acceptance of the offer by the licensee;

as if that repeal had not happened.

(3) For the purposes of this item, non-acceptance of the offer by the licensee includes failure by the licensee to accept the offer on or before the day specified in the offer.