Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 73

Variation without agreement

  (1)   Subject to subsection   (2), the ACMA may, by written notice given to the licensee of a spectrum licence, vary the licence by:

  (a)   including one or more further conditions; or

  (b)   revoking or varying any conditions of the licence, other than core conditions.

  (2)   The conditions as varied must still comply with the requirements of Subdivision C of Division   1.

Note:   Variations of spectrum licences under this section are reviewable under Part   5.6.

  (3)   Subject to subsections   (4), (5) and (6), if a spectrum licence includes a renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist, the ACMA may, by written notice given to the licensee of the licence, vary the licence by:

  (a)   varying the circumstances specified in the renewal statement included in the licence; or

  (b)   omitting the renewal statement included in the licence and substituting another renewal statement to the effect that the licence may be renewed at the discretion of the ACMA so long as specified circumstances exist.

  (4)   The ACMA must not vary the licence under subsection   (3) unless the ACMA is satisfied that exceptional circumstances exist that warrant the variation of the licence.

  (5)   If the renewal statement is varied, the statement as varied must comply with the requirements of section   65A.

  (6)   If another renewal statement is substituted, the substituted renewal statement must comply with the requirements of section   65A.


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