Commonwealth Numbered Acts

RADIOCOMMUNICATIONS ACT 1983 No. 130, 1983 - SECT 21

PART V-FREQUENCY RESERVATION CERTIFICATES Frequency reservation certificates

21. (1) Subject to this section, upon application made in accordance with the
appropriate approved form, the Minister may, in his discretion, grant to the
applicant a certificate in writing reserving, in the name of the applicant, an
unallocated frequency determined under sub-section (12).

(2) The Minister shall not grant a certificate reserving a frequency unless he
is satisfied that-

   (a)  the frequency is available for reservation; and

   (b)  the application for the certificate is made in good faith.

(3) Where the Minister makes a decision under sub-section (1) refusing to
grant a certificate, he shall cause to be served on the applicant for the
certificate a notice in writing setting out that decision.

(4) A frequency reservation certificate comes into force on the day on which
it is granted and remains in force until the expiration of the day specified
under sub-section (5).

(5) A frequency reservation certificate shall specify as the day of expiration
of the certificate-

   (a)  unless paragraph (b) applies-a day within the period of 12 months
        commencing on the day on which the certificate is granted or, in the
        case of a certificate that is granted during the month of December in
        any year, a day not later than 31 December in the next succeeding
        year; or

   (b)  if a period longer than 12 months is prescribed in relation to all
        frequency reservation certificates or in relation to a class of
        frequency reservation certificates in which that certificate is
        included-a day within that longer period.

(6) Where an unallocated frequency is reserved in the name of a person in
accordance with a frequency reservation certificate, the Minister shall not
grant to a person other than that person a test permit, transmitter licence or
temporary permit authorizing the operation of a transmitter in a manner
inconsistent with that reservation.

(7) For the purposes of sub-section (6), the grant of a test permit,
transmitter licence or temporary permit authorizing the operation of a
transmitter for a period not exceeding 14 days shall be deemed to be not
inconsistent with a reservation.

(8) Nothing in this Act shall be taken, by implication, to confer an
entitlement on the holder of a frequency reservation certificate to be granted
a test permit, a transmitter licence or a temporary permit under this Act or a
licence under the Broadcasting and Television Act 1942.

(9) The Minister may, in his discretion, by notice in writing served on the
holder of a frequency reservation certificate, cancel the certificate.

(10) A notice under sub-section (9) cancelling a certificate shall set out the
findings on material questions of fact, refer to the evidence or other
material on which those findings were based and give the reasons for
cancelling the certificate.

(11) The Minister, in exercising his powers under sub-section (9) to cancel a
frequency reservation certificate, shall have regard to all matters that he
considers relevant, including, but without limiting the generality of the
foregoing, any alteration made to-

   (a)  a frequency band plan or a spectrum plan; or

   (b)  regulations made by virtue of section 22.

(12) For the purposes of this section, where the Minister is satisfied that a
part of a frequency band (including any particular frequency or frequency
channel) is a part on which radio transmissions, if made, would not be likely
to interfere substantially with radio transmissions lawfully made, he may
determine that part to be an unallocated frequency.

(13) A reservation of an unallocated frequency in accordance with a
frequency reservation certificate or a determination under sub-section (12)
may be made either generally or as otherwise provided in the certificate or
determination and, but without limiting the generality of the foregoing, may
apply-

   (a)  with respect to a specified area; and

   (b)  with respect to a specified period.