Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (3), if a spectrum licence authorises the operation of radiocommunications devices:
(a) at one or more frequencies; and
(b) within one or more areas;
the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:
(c) at those frequencies; and
(d) within those areas.
(2) Subject to subsection (3), if a marketing plan is in force in relation to the issue of a spectrum licence that authorises the operation of radiocommunications devices:
(a) at one or more frequencies; and
(b) within one or more areas;
the ACMA must not issue an apparatus licence that authorises the operation of radiocommunications devices:
(c) at those frequencies; and
(d) within those areas.
(3) The ACMA may issue an apparatus licence mentioned in subsection (1) or (2):
(a) to a body or person covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body or person; or
(b) if it is satisfied that the special circumstances of the particular case justify the issuing of the licence.