Federal Register of Legislation
Radiocommunications Amendment Act 2010
No. 146, 2010
An Act to amend the Radiocommunications Act 1992, and for related purposes
Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Radiocommunications Act 1992
Radiocommunications Amendment Act 2010 No. 146, 2010
An Act to amend the Radiocommunications Act 1992, and for related purposes
[Assented to 16 December 2010]
The Parliament of Australia enacts:
1 Short title This Act may be cited as the Radiocommunications Amendment Act 2010.
2 Commencement This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Radiocommunications Act 1992
1 Paragraph 78(a) Repeal the paragraph, substitute: (a) states where information may be obtained about: (i) the spectrum licences that will expire during a period specified in the notice; and (ii) the parts of the spectrum to which they relate; and
2 Subsection 79(1) Omit "during the period of 2 years".
3 Subsection 82(3) Omit "licenses", substitute "licences".
4 Subsection 82(4) Repeal the subsection, substitute: (4) A determination is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the determination.
5 After subsection 136(1) Insert: (1A) In addition to subsection (1), if the variation of a class licence would affect the spectrum allocated, to be allocated or to be re‑allocated by issuing or re‑issuing spectrum licences, before varying the class licence: (a) the ACMA must be satisfied that: (i) the variation of the class licence would not result in unacceptable levels of interference to the operation of radiocommunications devices operated, or likely to be operated, under spectrum licences; and (ii) the variation of the class licence would be in the public interest; and (b) the ACMA must consult all licensees of spectrum licences who may be affected by the proposed variation of the class licence.
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