105Restrictions on issuing apparatus licences

#### 105 Restrictions on issuing apparatus licences (1) Subject to subsection (3), if a spectrum licence authorises the operation of radiocommunications devices: (a) at one or more frequencies; and (b) within one or more areas; the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices: (c) at those frequencies; and (d) within those areas. (2) Subject to subsection (3), if a marketing plan is in force in relation to the issue of a spectrum licence that authorises the operation of radiocommunications devices: (a) at one or more frequencies; and (b) within one or more areas; the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices: (c) at those frequencies; and (d) within those areas. (3) The ACMA may issue an apparatus licence mentioned in subsection (1) or (2): (a) to a body or person covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body or person; or (b) if it is satisfied that the special circumstances of the particular case justify the issuing of the licence.