16Condition — registration exempt stations not authorised to operate in same parts of the spectrum and geographic areas declared for spectrum licensing

16 Condition – registration exempt stations not authorised to operate in same parts of the spectrum and geographic areas declared for spectrum licensing

(1) This section applies if the ACMA makes a spectrum re-allocation declaration, that: (a) a specified part of the spectrum is subject to re-allocation under Part 3.6 (the declared part of the spectrum) in relation to the re-allocation period for the declaration; and (b) under subsection 153B(3) of the Act, specifies an area (the declared area) for the declared part of the spectrum. (2) A person must not operate a radiocommunications transmitter that is, or is part of, a registration exempt station at frequencies in the declared part of the spectrum and within the declared area on or after the day the re-allocation period for the declaration ends.

Note: Subject to limited exceptions, if an apparatus licence authorises the operation of a radiocommunications device at frequencies in the declared part of the spectrum and the declared area at the end of the re-allocation period, the licence is cancelled by section 153H of the Act.