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

Schedule 3   Licences etc.

Part 1   Amendment of the Radiocommunications Act 1992

Radiocommunications Act 1992

10   Subsections 39(1) and (2)

Repeal the subsections, substitute:

(1) The ACMA may, by legislative instrument, prepare a marketing plan for issuing spectrum licences that authorise the operation of radiocommunications devices:

(a) at the frequencies specified in the plan; and

(b) within the area or areas specified in the plan.

(2) If an apparatus licence authorises the operation of radiocommunications devices:

(a) at one or more frequencies; and

(b) within one or more areas;

the ACMA must not make a marketing plan that applies to the issue of spectrum licences that authorise the operation of radiocommunications devices:

(c) at those frequencies; and

(d) within those areas;

unless the marketing plan provides that one or more spectrum licences are to be allocated by direct allocation to the holder of the apparatus licence.