31Planning of broadcasting services bands

#### 31 Planning of broadcasting services bands (1) The Minister may, after consulting the ACMA, and in accordance with the spectrum plan, by written instrument: (a) designate a part of the spectrum as being primarily for broadcasting purposes; and (b) refer it to the ACMA for planning under Part 3 of the Broadcasting Services Act 1992. (1AA) The Minister may, by written instrument, vary a subsection (1) designation so as to enlarge or reduce the part of the spectrum covered by the designation. (1A) The Minister may, after consulting the ACMA, and in accordance with the spectrum plan, by written instrument: (a) designate a part of the spectrum as being partly for the purpose of digital radio broadcasting services; and (b) refer that part of the spectrum to the ACMA for planning under Part 3 of the Broadcasting Services Act 1992. (1B) Subsection (1A) does not limit subsection (1). (1BA) The Minister may, by written instrument, vary a subsection (1A) designation so as to enlarge or reduce the part of the spectrum covered by the designation. (1C) The Minister may, by written instrument, determine that a designation under subsection (1A) ceases to be in force at a specified time. (1D) The Minister may, by written instrument, determine that a designation under subsection (1A) has effect only in relation to one or more specified areas of Australia. (2) If a subsection (1) or (1A) designation is in force in relation to a particular part of the spectrum, the ACMA may make a written determination that licences, or specified kinds of licences, can be issued in specified circumstances in relation to that part of the spectrum, or in relation to a specified part or parts of that part of the spectrum. (3) In making or varying a subsection (2) determination, the ACMA must: (a) promote the objects, and have regard to the matters, described in section 23 of the Broadcasting Services Act 1992; and (b) promote the object of this Act, to the extent this is not inconsistent with paragraph (a). This subsection has effect subject to subsection (4). (4) A subsection (2) determination (including as varied) must not be inconsistent with the spectrum plan. (5) Subject to subsections (3) and (4), the ACMA may, by written instrument, vary a subsection (2) determination. (6) The ACMA may, by written instrument, revoke a subsection (2) determination. (7) An instrument under subsection (1), (1AA), (1A), (1BA), (1C), (1D), (5) or (6) is not a legislative instrument. (8) A determination under subsection (2) is not a legislative instrument.