14  Allocation limits

 (1) No person, or relevant group of persons, may, as a result of the allocation of spectrum licences under this instrument, use:

 (a) more than an aggregate of 82 MHz of the sub-1 GHz band under spectrum licences in the major population area; or

 (b) more than an aggregate of 92 MHz of the sub-1 GHz band under spectrum licences in the regional area.

 (2) For the purposes of subsection (1), if:

 (a) a person or relevant group of persons holds a relevant spectrum licence that authorises the operation of radiocommunications devices in one or more parts of the major population area (but not the entire major population area); and

 (b) the population of that part of the major population area, or the aggregate population of those parts of the major population area, is insignificant;

  the relevant spectrum licence is to be treated as if it did not apply in the major population area.

 (3) For the purposes of paragraph (2)(b):

 (a) the population of a part of the major population area is insignificant if, and only if, the population of that part of the major population area is less than 25% of the total population of the major population area determined in accordance with the most recent data in the HCIS – List of Population Data Document published by the ACMA on its website, as that document existed at the time the spectrum licence limits direction was made; and

 (b) the aggregate population of parts of the major population area is insignificant if, and only if, the aggregate population of those parts of the major population area is less than 25% of the total population of the major population area determined in accordance with the most recent data in the HCIS – List of Population Data Document published by the ACMA on its website, as that document existed at the time the spectrum licence limits direction was made.

Note: The HCIS – List of Population Data Document may be accessed, free of charge, from the ACMA’s website at www.acma.gov.au.

Division 2 Associates, relevant group of persons and affiliations