Commonwealth Numbered Regulations

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1995 No. 65 RADIOCOMMUNICATIONS (COORDINATION) REGULATIONS - REG 7

Nominated applicant may give the SMA a Transmitter Proposal if an additional allocation is required
7. (1) Subject to subregulations (2) and (3), if:

   (a)  the SMA directs, under the MDS allocation Determination, that a
        licence:

        (i)    in an area; and

        (ii)   that refers to a channel in a group in that area; is to be
               included in an additional allocation; and

   (b)  a person:

        (i)    is a nominated applicant for a licence in relation to that area
               and group when the SMA gives the direction; or

        (ii)   becomes a nominated applicant for a licence in relation to that
               area and group, before or after the SMA gives the direction;
               the nominated applicant may give the SMA a completed
               Transmitter Proposal in accordance with this regulation.

(2) A nominated applicant must not give the SMA a Transmitter Proposal if:

   (a)  conciliation is required in relation to the relevant area and group;
        or

   (b)  an agreed Transmitter Proposal is in force for the relevant area and
        group on the day on which the person becomes a nominated applicant.

(3) A nominated applicant must not give the SMA a Transmitter Proposal later
than 12 months after the day on which all the licences in relation to the
relevant area and group, that have not been withdrawn from the allocation
system in accordance with the MDS allocation Determination, have been
allocated to nominated applicants by the SMA.

(4) If the SMA asks a nominated applicant, under paragraph 8 (1) (a), to give
it information, the nominated applicant may give the SMA a statement of the
information, with the Transmitter Proposal or at a later time.

(5) For the purposes of subregulation (1):

   (a)  a Transmitter Proposal may be completed by more than 1 nominated
        applicant in relation to the relevant area and group; and

   (b)  if a nominated applicant is an individual-the nominated applicant must
        sign the Transmitter Proposal; and

   (c)  if a nominated applicant is a company-the seal of the company must be
        duly affixed to the Transmitter Proposal; and

   (d)  if a nominated applicant is not an individual or a company-the
        nominated applicant must duly execute the Transmitter Proposal; and

   (e)  if a nominated applicant consists of more than one person-each person
        must sign or otherwise duly execute the Transmitter Proposal.

(6) The Transmitter Proposal given to the SMA must have on it the nominated
applicant's original signature or other means of execution.

(7) A nominated applicant must give the documents and information referred to
in subregulations (1) and (4) to the SMA at:

   (a)  if the SMA tells the nominated applicant an address under paragraph 8
        (1) (c)-that address; or

   (b)  in any other case-the address published under clause 4 of the MDS
        allocation Determination in relation to the licence for which the
        nominated applicant is the nominated applicant. 


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