153JRevocation and variation of spectrum re‑allocation declaration

#### 153J Revocation and variation of spectrum re‑allocation declaration (1) The ACMA must not revoke a spectrum re‑allocation declaration if: (a) the declaration states that a particular part of the spectrum should be re‑allocated by issuing licences; and (b) the ACMA has begun allocating any or all of those licences. (2) The ACMA must not vary a spectrum re‑allocation declaration if: (a) the declaration states that a particular part of the spectrum should be re‑allocated by issuing licences; and (b) the ACMA has begun allocating any or all of those licences with respect to a particular area; and (c) the variation relates to the whole or a part of that area. (2A) Subsection (2) does not prevent the ACMA from varying a spectrum re‑allocation declaration if the ACMA considers that there are exceptional circumstances that warrant the variation. (3) For the purposes of this section, the ACMA is taken to begin allocating licences if, and only if: (a) in a case where the licences are to be allocated by auction—the ACMA publishes an advertisement for that auction; or (b) in a case where the licences are to be allocated by tender—the ACMA publishes an advertisement calling for suitable tenders; or (c) in any other case—the ACMA invites applications for the allocation of the licences. (4) This section does not, by implication, limit the ACMA’s power to vary a spectrum re‑allocation declaration in accordance with subsection 33(3) of the Acts Interpretation Act 1901.