136Consultation on variations and revocations

#### 136 Consultation on variations and revocations (1) Before varying a class licence, the ACMA must cause to be published, in accordance with subsection (2A), a written notice that: (a) states that it proposes to vary the licence; and (b) states the subject matter of the proposed variation; and (c) sets out the licence and the proposed variation; and (d) invites interested persons to make representations about the proposed variation by a specified date that is at least one month after the date of publication of the notice. (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. (2) Before revoking a class licence, the ACMA must cause to be published, in accordance with subsection (2A), a written notice that: (a) states that it proposes to revoke the licence; and (b) sets out the licence; and (c) invites interested persons to make representations about the proposed revocation by a specified date that is at least one month after the date of publication of the notice. (2A) A notice under subsection (1) or (2) must be published: (a) on the ACMA’s website; and (b) in one or more other forms that are readily accessible by the public. > Note: Example: Publication in a form mentioned in paragraph (b) could be publication on a website other than the ACMA’s website. (3) A person may, not later than the date specified in a notice under subsection (1) or (2), make representations to the ACMA about the proposed variation or revocation. (4) The ACMA must, before varying or revoking the licence, give due consideration to any representations so made. (5) Failure to comply strictly with subsection (1), (1A), (2) or (2A) does not affect the validity of the notice, or the validity of the variation or revocation of the class licence, if the requirements of that subsection are substantially complied with. (6) This section does not apply to variation or revocation of a class licence if the ACMA is satisfied that the variation or revocation is a matter of urgency.