10Special cases — where spectrum licences planned or issued

10 Special cases – where spectrum licences planned or issued

(1) If the apparatus licence is of a kind mentioned in subsection 105(1) or (2) of the Act, the operation of a device under the apparatus licence must be such that the accredited person believes, on reasonable grounds, that the ACMA would issue an apparatus licence authorising operation of the device in accordance with subsection 105(3) of the Act. (2) For the purposes of subsection (1), in order to believe, on reasonable grounds, that the ACMA would issue an apparatus licence authorising operation of the device in accordance with subsection 105(3) of the Act, the accredited person must have consulted with the ACMA before forming the belief. (3) If: (a) a spectrum re-allocation declaration states that a part or parts of the spectrum should be re-allocated, with respect to one or more specified areas; and (b) the declaration specifies a re-allocation period; and (c) the apparatus licence, if issued, would authorise operation of a device in one or more of those parts of the spectrum, in one or more of those areas; and (d) the apparatus licence, if issued, would reasonably be likely to be issued during the re-allocation period; the operation of a device under the apparatus licence must be such that the accredited person believes, on reasonable grounds, that the ACMA would issue an apparatus licence authorising operation of the device in accordance with subsection 153P(2) of the Act. (4) For the purposes of subsection (3), in order to believe, on reasonable grounds, that the ACMA would issue an apparatus licence authorising operation of the device in accordance with subsection 153P(2) of the Act, the accredited person must have consulted with the ACMA before forming the belief.