130Renewing apparatus licences

#### 130 Renewing apparatus licences (1) When an application is made for the renewal of an apparatus licence, the ACMA may renew the licence by issuing to the applicant a new apparatus licence. (2) The conditions of the new apparatus licence need not be the same as those of the licence that it replaces. (2A) The ACMA must not renew the licence if: (a) under section 153D, the licence is affected by a spectrum re‑allocation declaration; and (b) the licence is due to expire after the end of the re‑allocation period for the spectrum re‑allocation declaration. (2C) The ACMA must not renew the licence if the licence included a renewal statement to the effect that the licence cannot be renewed. (2D) If the licence included a renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the ACMA must not renew the licence unless the ACMA is satisfied that the specified circumstances exist. (2E) The ACMA must not renew the licence by issuing a new apparatus licence that specifies a period for the purposes of subsection 103(2) that is 10 years or longer unless the ACMA is satisfied that it is in the public interest to do so. (2F) If the licence included a public interest statement, the ACMA must not renew the licence unless the ACMA is satisfied that it is in the public interest to do so. (3) In deciding whether to renew the licence, the ACMA: (a) must have regard to the same matters to which it must have regard under subsections 100(4) and (6) in deciding whether to issue such a licence; and (b) may have regard to the same matters to which it may have regard under subsections 100(4C) and (5) in deciding whether to issue such a licence. (3A) In deciding whether to renew the licence, the ACMA may have regard to the following matters: (a) whether the applicant has an outstanding liability to pay an amount of: (i) apparatus licence tax; or (ii) spectrum licence tax; or (iii) spectrum access charge; or (iv) interim tax; (b) whether the applicant has contravened a condition of the licence; (c) whether the following conditions are satisfied: (i) a person authorised by the applicant under section 114 in relation to the licence has contravened a condition of the licence; (ii) the applicant was aware, or ought reasonably to have been aware, of the contravention; (iii) the applicant failed to take reasonable steps to prevent the contravention; (d) whether the applicant held another licence that was cancelled during the previous 2 years (otherwise than under section 87, 128B, 153H or 307). (4) The new licence comes into force, or is taken to have come into force, immediately after the expiration of the licence that it replaces. (4A) If: (a) the ACMA renews the licence by issuing a new apparatus licence; and (b) under section 153D, the new licence is affected by a spectrum re‑allocation declaration; the period specified in the new licence for the purposes of subsection 103(2) must end before the end of the re‑allocation period for the spectrum re‑allocation declaration. (5) If the ACMA: (a) refuses to renew the licence; or (b) renews the licence but not on the same conditions; the ACMA must give the licensee a written notice stating that fact. > Note: Refusals to renew apparatus licences, and changes to licence conditions on renewal, are reviewable under Part 5.6. (6) The notice given under subsection (5) must specify that: (a) the licensee may request a statement of reasons for the decision; and (b) a request must be made within 28 days of receipt of the notice. (7) A person receiving a notice under subsection (5) may request a statement of reasons for the decision within 28 days of receiving the notice. (8) If the ACMA receives a request in accordance with subsection (7), it must give the person a statement of reasons within 28 days of receipt of the request.