Radiocommunications Act 1989

109 Reference to arbitration by Secretary

(1)

Where the Secretary receives a request under section 108(2A), (6), or (7), and the Secretary is satisfied that—

(a)

the alleged harmful interference is being caused in the protection area of a registered spectrum licence or radio licence; and

(b)

the transmissions allegedly causing or contributing to the harmful interference are being lawfully made under a registered spectrum licence or radio licence; and

(c)

there is prima facie evidence of harmful interference and that the harmful interference is being caused or contributed to by the respondent; and

(d)

a notice was properly given under section 108(1) concerning that harmful interference; and

(e)

the time limits specified in section 108 have expired; and

(f)

the respondent has not taken the action specified in that notice,—

the Secretary may refer the matter to arbitration and, except as provided in sections 109A and 109C, the provisions of the Arbitration Act 1996 apply as though the claimant and the respondent had agreed to refer the matter to arbitration.

(2)

The reference by the Secretary may specify the matters that would otherwise be included in an arbitration agreement, and that reference is an arbitration agreement for the purposes of the Arbitration Act 1996.

Section 109: substituted, on 12 October 2001, by section 35 of the Radiocommunications Amendment Act 2000 (2000 No 8).

Section 109(1): amended, on 31 October 2006, by section 26 of the Radiocommunications Amendment Act 2006 (2006 No 54).