7Rule about assignments of part of Defence spectrum licences

7 Rule about assignments of part of Defence spectrum licences

(1) Subject to subsection (2), the Commonwealth may assign a part of a Defence spectrum licence only if the part is at least an STU.

Note 1: In accordance with the Public Governance, Performance and Accountability Act 2013, the accountable authority for the Defence Department, or a delegate of that accountable authority, is responsible for deciding whether to assign a part of a Defence spectrum licence.

Note 2: An assignment of a part of a Defence spectrum licence does not take effect until the Register is amended to take it into account (section 86 of the Act).

Note 3: Once part of a Defence spectrum licence is assigned, that part ceases to be a Defence spectrum licence.

(2) Subsection (1) does not apply in relation to the assignment of part of a Defence spectrum licence if: (a) a Commonwealth officer representing the Defence Department requests, in writing, for permission to assign a part of a spectrum licence that is smaller than an STU (whether in bandwidth, in geographic area, or both); and (b) the ACMA, by writing, gives that permission.

Note 1: See subsection 88(3) of the Act.

Note 2: The ACMA may publish any permission so given on its website, or in another place.