65ARenewal statements etc.

#### 65A Renewal statements etc. Renewal statement (1) A spectrum licence issued after the commencement of this section must include: (a) a statement to the effect that the licence cannot be renewed; or (b) a statement to the effect that the licence may be renewed at the discretion of the ACMA; or (c) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist. > Note: For transitional exceptions, see subsection (21). (2) A statement mentioned in paragraph (1)(a), (b) or (c) is to be known as a renewal statement. (3) Circumstances specified under paragraph (1)(c) may be an act or omission by the ACMA. (4) Subsection (3) does not limit paragraph (1)(c). (5) The ACMA may, by legislative instrument, determine that each spectrum licence included in a specified class of spectrum licences is taken to include one of the following statements: (a) a statement to the effect that the licence cannot be renewed; (b) a statement to the effect that the licence may be renewed at the discretion of the ACMA; (c) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist. > Note: For transitional exceptions, see subsections (21) and (22). (6) A statement mentioned in paragraph (5)(a), (b) or (c) is to be known as a renewal statement. (7) Circumstances specified under paragraph (5)(c) may be an act or omission by the ACMA. (8) Subsection (7) does not limit paragraph (5)(c). (9) A determination under subsection (5) does not apply to a spectrum licence if a renewal statement is included in the licence under subsection (1). Renewal application period (10) If a spectrum licence includes: (a) a statement to the effect that the licence may be renewed at the discretion of the ACMA; or (b) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist; the licence must also include a statement to the effect that a specified period is the renewal application period for the licence. (11) A statement mentioned in subsection (10) is to be known as a renewal application period statement. (12) The ACMA may, by legislative instrument, determine that each spectrum licence included in a specified class of spectrum licences is taken to include a statement to the effect that a period ascertained in accordance with the determination is the renewal application period for the licence. (13) A renewal application period for a spectrum licence must: (a) begin at a time when the licence is in force; and (b) end before the licence is due to expire. (14) A determination under subsection (12) does not apply to a spectrum licence if a renewal application period statement is included in the licence under subsection (10). Renewal decision‑making period (15) A spectrum licence may include a statement to the effect that a specified period is the renewal decision‑making period for the licence. (16) A statement mentioned in subsection (15) is to be known as a renewal decision‑making period statement. Public interest statement (17) If a spectrum licence includes: (a) a statement to the effect that the licence may be renewed at the discretion of the ACMA; or (b) a statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist; the licence may also include a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied that it is in the public interest to do so. (18) A statement mentioned in subsection (17) is to be known as a public interest statement. (19) The ACMA may, by legislative instrument, determine that each spectrum licence included in a specified class of spectrum licences is taken to include a statement to the effect that the ACMA will not renew the licence unless the ACMA is satisfied that it is in the public interest to do so. > Note: For transitional exceptions, see subsections (21) and (22). (20) A statement mentioned in subsection (19) is to be known as a public interest statement. Transitional—exceptions (21) Subsections (1), (5) and (19) do not apply to a spectrum licence if: (a) both: (i) a marketing plan was applicable to the issue of the licence; and (ii) the marketing plan was prepared before the commencement of this section; or (b) the licence was issued as the result of an offer under repealed section 56. (22) Subsections (5) and (19) do not apply to a spectrum licence if the licence was issued under repealed section 82.