(1) There must be—

• (a) a Registrar of Radio Frequencies; and

• (b) 1 or more Deputy Registrars of Radio Frequencies.

(2) Each Registrar and Deputy Registrar must be appointed under the State Sector Act 1988 by the Secretary.

(3) Subject to the control of the Registrar, a Deputy Registrar has and may exercise or perform all the powers, duties, and functions of the Registrar.

(4) The fact that a Deputy Registrar exercises or performs any of the powers, duties, or functions of the Registrar is conclusive evidence of the Deputy Registrar's authority to do so.

The Registrar must establish and maintain a Register for the purpose of maintaining records of interests or uses relating to radio frequencies.

(1) Subject to this Act, the Register shall be kept in such form as the Registrar considers appropriate.

(2) The Register may be in the form of information stored by means of a computer.

(3) The Register shall contain—

• (a) Each record of management rights; and

• (b) Particulars of all transfers required by this Act to be registered affecting the frequencies to which each record of management rights relates; and

• (c) Particulars of all spectrum licences required by this Act to be registered affecting the frequencies to which each record of management rights relates; and

• (ca) particulars of all radio licences granted by the Secretary under Part 13; and

• (d) Such other matters as are required or permitted by this Act to be registered.

Every document purporting to be signed or issued by the Registrar, or by an employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, must be received in evidence, and must, in the absence of proof to the contrary, be deemed to be signed or issued by or under the direction of the Registrar.

(1) A record of management rights in relation to a radio frequency may be recorded in the Register only on the application of the Secretary.

(2) Every application to record in the Register a record of management rights in relation to a radio frequency shall be in the prescribed form.

(1) The Registrar shall receive applications from the Secretary, in the prescribed form, for the recording of a record of management rights in relation to any radio frequencies.

(1A) The Secretary may make applications for successive management rights in respect of a radio frequency, but the commencement date specified in each successive application must not be earlier than the day after the expiry date of the preceding management right.

(2) Subject to section 38 of this Act, on receipt of an application that complies with this section, the Registrar shall record the frequencies to which the application relates in the Register, and every such entry shall constitute a record of management rights in relation to those frequencies.

(1) Every record of management rights constituted under section 10(2) of this Act shall, when recorded, name the Crown acting by and through the Secretary as the manager of the frequencies to which the record of management rights relates.

(2) Every record of management rights shall be given a reference number at the time that the radio frequencies to which it relates are registered.

(3) Part 3 of this Act (other than section 14(b)), so far as applicable and with all necessary modifications, shall apply to every application made under section 10 of this Act as if it were an application made under section 16 of this Act.

A record of management rights may be created at any time and from time to time, but where more than 1 record of management rights is created for a frequency, the commencement date for the subsequent record of management rights must not be earlier than the day after the date on which the previous management rights expire.

(1) The conditions that apply to spectrum licences created in relation to a record of management rights may be varied, added to, or removed at any time by mutual agreement between the manager and the Secretary.

(2) The Registrar must be notified of any agreement referred to in subsection (1) in the prescribed form.

(3) Nothing in this section affects the operation of sections 57, 57A, 57B, and 57C.

(4) No variation, addition, or removal of a condition made under subsection (1) applies to a spectrum licence that was registered before the date of that variation, addition, or removal.

Every instrument registered under this Act shall be deemed to be registered for the purposes of this Act at the time recorded in the Register as the time at which the instrument was registered.

(1) Instruments presented for registration under this Act shall be registered in the chronological order in which they are received by the Registrar.

(2) Registered instruments that relate to or affect the same interest in the same radio frequencies shall have priority in the order in which they are registered.

(1) The Registrar shall receive applications to register particulars of all instruments required by this Act to be registered.

(2) Every application under subsection (1) of this section—

• (a) Shall be made by presenting an instrument in the prescribed form; and

• (b) Shall contain such particulars as are specified in the form; and

• (c) Shall be executed in the manner specified in the form; and

• (d) Shall be accompanied by the prescribed fee (if any).

On receipt of an application that complies with section 16 of this Act, and is completed to the satisfaction of the Registrar, the Registrar shall—

• (a) Record in the Register the particulars set out in the instrument required by this Act to be registered and the time at which the particulars are so recorded; and

• (b) Issue a certificate as to the particulars recorded in the Register pursuant to paragraph (a) of this section; and

• (c) retain a record of the instrument in the Registrar's office; and

• (d) forward the certificate issued under paragraph (b) to the person who presented the instrument for registration

• (e) [Repealed]

Where any instrument lodged for registration with the Registrar is found not to be in order for registration, the Registrar may—

• (a) Return the instrument and all other instruments lodged in connection with that instrument, or such of them as the Registrar thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them; or

• (b) Retain the instrument pending rectification of any matter required by the Registrar to be rectified.

If any requisition made by the Registrar in respect of any instrument retained for rectification under section 18 of this Act is not complied with within such time as the Registrar may specify in that behalf in a notice given by post, delivery, or electronic transmission (for example, by fax or email) to the person who lodged the instrument, or to the person entitled under the instrument, the Registrar—

• (a) May refuse to complete or proceed with the registration of the instrument or to do any act or make any entry in relation to the instrument; and

• (b) May return the instrument and all other instruments lodged in connection with the instrument, or such of those instruments as the Registrar thinks fit, to the person by whom they were lodged or, where that person is not available, to such other person as may, in the opinion of the Registrar, be entitled to receive them.

(1) Where any instrument is returned as provided in section 18(a) of this Act, any fees paid to the Registrar in respect of the instrument shall be forfeited, unless any matter required to be rectified to enable the instrument to be registered is so rectified and the instrument is again lodged with the Registrar within a period of 40 working days from the date of its return by the Registrar under section 18(a) of this Act.

(2) Where any instrument is returned as provided in section 19(b) of this Act, any fees paid to the Registrar in respect of that instrument shall be forfeited.

(3) Nothing in this section applies in respect of any spectrum licence that is returned under section 25(1) or to any modification of a spectrum licence that is returned under section 57C.

Before returning any instrument in accordance with section 18 or section 19 of this Act, the Registrar—

• (a) Shall make a copy of the instrument; and

• (b) Shall attach to the copy of the instrument a copy of the requisition specifying the matters required to be rectified, and, where applicable, of the notice forwarded under section 19 of this Act; and

• (c) Shall file the copies made under paragraphs (a) and (b) of this section in the Registrar's office as if the instrument had been registered.

Where any instrument is returned pursuant to section 18 or section 19 or section 25 of this Act, it shall be deemed not to have been presented for registration.

(1) Every person who presents an instrument for registration under section 16 may, after receiving the certificate issued under section 17(b), request that the Registrar correct the record on the Register of the particulars set out in the instrument on the grounds that the Register does not record accurately those particulars or is for any other reason incorrect.

(2) Every application made under subsection (1) of this section shall be in the prescribed form, and shall be accompanied by a copy of the certificate issued under section 17(b) of this Act that relates to the record on the Register to which the application relates.

(1) Where, upon receipt of a request under section 23 of this Act, the Registrar is satisfied that the Register does not record accurately the particulars set out in the instrument to which the request relates or is for any other reason incorrect, the Registrar shall correct the Register accordingly and record on the Register the nature of the correction and the time at which the correction was made.

(2) The Registrar may, of the Registrar's own motion, correct the Register (recording on the Register the nature of the correction and the time at which the correction was made) if the Registrar is satisfied that the Register—

• (a) does not record accurately the particulars set out in an instrument to which an entry in the Register relates; or

• (b) requires updating because a rightholder or manager or holder of a radio licence has changed that person's name or address, or because a name or address is wrongly entered in the Register; or

• (c) is incorrect for any other reason.

(2A) Subsection (2) applies whether or not a person has requested that the Registrar correct the Register under section 23.

(3) As soon as practicable after correcting the Register under subsection (1) of this section, the Registrar shall notify the person who made the application under section 16 of this Act of the correction.

(4) [Repealed]

(1) If a rightholder or manager or holder of a radio licence changes that person's name or address, that person must, within 1 month after the change, notify the Registrar of the person's new name or address.

(2) A breach of subsection (1) is an infringement offence.

(1) Where an instrument received by the Registrar for registration under section 16(1) is a spectrum licence in a form prescribed for the purposes of section 48, and any frequency within the frequency band specified in the spectrum licence is not within the range of frequencies on the record of management rights to which the spectrum licence relates, the Registrar must decline to register the particulars set out in the spectrum licence and return the spectrum licence in accordance with section 18(a).

(2) The Registrar must not register any spectrum licence unless an instrument received by the Registrar for registration under section 16(1) is a spectrum licence in a form prescribed for the purposes of section 48.

(3) The Registrar must not register any spectrum licence where that spectrum licence specifies unwanted emission limits applying to that spectrum licence, and the maximum power of emissions on any frequency to which the unwanted emissions limit applies exceeds any adjacent frequencies emission limit on the management right to which the spectrum licence relates.

(4) The Registrar must not register any spectrum licence unless the Registrar receives, from or on behalf of the applicant for registration, a certificate from an approved radio engineer dated not more than 3 months before the receipt of that certificate by the Registrar.

(5) The radio engineer's certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence relates—

• (a) will not endanger the functioning of any radio navigation service; and

• (b) will not endanger the functioning of any radio service essential to the protection of life and property; and

• (c) will not cause harmful interference to rights conferred by registered spectrum or radio licences; and

• (d) is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and

• (e) will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.

(6) Where an instrument received by the Registrar for registration under section 16(1) is a spectrum licence in a form prescribed for the purposes of section 48,—

• (a) the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search by virtue of section 28; and

• (b) if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the spectrum licence, and must return the spectrum licence in accordance with section 18(a).

(7) Except as provided in subsections (1) to (6), it is not the duty of the Registrar to determine whether or not the exercise of any or all of the rights to which a spectrum licence received for registration under section 16(1) relates is technically compatible with the exercise of any rights by any other person under a spectrum licence or radio licence.

A radio engineer issuing a certificate under section 25—

• (a) must, before issuing the certificate, have regard to—

  • (i) the nature and characteristics of the rights described in the spectrum licence; and

  • (ii) the International Radio Regulations; and

  • (iii) the ITU-R reports and recommendations; and

  • (iv) Annex 10 to the Convention on International Civil Aviation; and

  • (v) the International Convention for the Safety of Life at Sea; and

  • (vi) the nature of the service proposed to be operated under the spectrum licence; and

  • (vii) any relevant reference standards issued by the Secretary; but

• (b) must not, in considering whether to issue the certificate, have regard to the reception of radio waves by inappropriate receivers.

(1) Where—

• (a) An instrument received by the Registrar for registration under section 16(1) of this Act is a spectrum licence in the form prescribed for the purposes of section 48 of this Act or a modification in the form prescribed for the purposes of sections 57, 57A, 57B, or 57C of this Act; and

• (b) A mortgage of the management rights pursuant to which the licence is granted is registered under this Act,—

the Registrar shall not register that spectrum licence or that modification unless the Registrar receives from the applicant for registration an acknowledgment from the mortgagee that the mortgagee has consented to the grant of that spectrum licence or the making of that modification.

(2) Every such acknowledgment shall be in the prescribed form and shall be signed by the mortgagee.

(1) No instrument that purports—

• (a) To transfer or mortgage management rights in relation to radio frequencies in respect of which a record of management rights has been recorded under this Act; or

• (b) To grant or transfer or mortgage any spectrum licence—

shall have effect until it is registered in accordance with this Part of this Act.

(2) If 2 or more instruments executed by the same manager or rightholder, and purporting to transfer management rights in relation to the same radio frequencies, or to transfer the same spectrum licence, are presented at the same time to the Registrar for registration, the Registrar shall not register any of the transfers to which the instruments relate until the Registrar is satisfied that one of the instruments has priority in time over the other instrument or instruments and shall, in that case, accept for registration the instrument having priority.

(1) Any person may, upon payment of the prescribed fee, have access to the Register for the purpose of determining whether or not any radio frequency is subject to a record of management rights, a spectrum licence, or a radio licence and determining the identity of the owner of a management right, a rightholder, or the holder of a radio licence.

(2) The Register must be so arranged that it may be searched by—

• (a) reference number; or

• (b) frequency band or frequency within a frequency band; or

• (c) any other search reference specified in regulations made under this Act.

(3) The Registrar must not disclose, otherwise than in accordance with this section,—

• (a) any information that will identify, or assist a person to identify, the residential address of any manager, rightholder, or holder of a radio licence where that manager, rightholder, or holder of a radio licence is a natural person and that manager, rightholder, or holder of a radio licence has advised the Registrar in writing that that person does not authorise the disclosure of such information; or

• (b) any record where the Secretary has advised the Registrar in writing that the record contains information that would be likely to prejudice the security or defence of New Zealand.

(4) Information protected in accordance with this section may be disclosed to the persons or class of persons prescribed in regulations made under this Act for the purposes prescribed in those regulations.

(1) The Registrar shall, upon application and payment of the prescribed fee, furnish to any person a copy of any record in the Register.

(2) Nothing in subsection (1) of this section requires the Registrar to furnish to any person a copy of any record if permission to search that record has been or could be declined to that person pursuant to section 28(3) of this Act.

(1) The Registrar shall, upon application and payment of the prescribed fee, furnish to any person a certified copy of any record in the Register.

(2) Every such certified copy signed by the Registrar shall be received in evidence for all purposes as conclusive evidence that the particulars shown on the certified copy have been duly registered.

(3) Nothing in subsection (1) of this section requires the Registrar to furnish to any person a certified copy of any record if permission to search that record has been or could be declined to that person pursuant to section 28(3) of this Act.

(4) This section does not apply to records of radio licences.

Where any instrument executed for the purpose of transferring or mortgaging management rights in relation to any radio frequencies, or granting or transferring or mortgaging any spectrum licence, is lost or destroyed before it is registered, the person claiming to be entitled to the interest by virtue of the lost instrument may make application to the High Court to have the person's claim investigated and declared.

(1) Upon proof to the satisfaction of the Court—

• (a) That an instrument to which section 31 of this Act applies has been lost or destroyed; and

• (b) That the applicant is entitled to have the interest to which the application relates registered; and

• (c) That due notice of the application has been given—

  • (i) To the manager intended to be affected; and

  • (ii) To all other parties having an interest in the application,—

the Court may make an order defining and declaring the interest of the applicant under the instrument, and requiring the Registrar to amend the Register accordingly.

(2) The Registrar shall comply with any order made under subsection (1) of this section.

(3) Every registration effected pursuant to an order made under subsection (1) of this section shall have effect from the date on which the Registrar amends the Register in compliance with the order as if the original instrument had been duly registered, and that instrument shall for the purposes of this Act be deemed to have been in the terms or to the effect specified in the order.

At the close of the day specified in a record of management rights as the expiry date of the record of management rights,—

• (a) all rights conferred by this Act on the manager in relation to the frequencies in the management right, every rightholder in relation to those frequencies, and every other person recorded on the Register as having an interest in those frequencies, expire; and

• (b) the management rights expire and the provisions of Part 13 apply to each frequency until a further record of management rights is created for that frequency.

Every record of management rights shall specify—

• (a) the name and address of the manager; and:

• (b) The range of frequencies to which the record of management rights relates; and

• (c) The adjacent frequencies emission limits applying to the frequencies to which the record of management rights relates; and

• (d) The protection limit applying to the frequencies to which the record of management rights relates; and

• (da) the power floor applying to the frequencies to which the record of management rights relates; and:

• (e) Any conditions applying to the spectrum licences created in relation to the record of management rights, being,—

  • (i) In the case of a record of management rights entered on the Register pursuant to section 10(2) of this Act, any conditions specified in the application pursuant to which the record of management rights was recorded on the Register; or

  • (ii) In the case of a record of management rights that is created pursuant to section 45(1) of this Act upon the cancellation of a record of management rights pursuant to section 44 of this Act, any conditions specified on the cancelled record of management rights; or

  • (iii) in the case of a record of management rights that is created under section 47(1) on the cancellation of 2 or more records of management rights under section 46, any conditions specified on the cancelled records of management rights; or

  • (iv) in the case of a record of management rights that is created under section 47B(1) on the cancellation of 2 records of management rights under section 47A, any conditions specified on the cancelled records of management rights; and

• (ea) any variation, addition, or removal of a condition that applies to the spectrum licences created in relation to the record of management rights; and.

• (f) The commencement date of the record of management rights, being,—

  • (i) In the case of a record of management rights constituted under section 10(2) of this Act, the commencement date specified on the application pursuant to which the record of management rights was recorded on the Register; or

  • (ii) In the case of a record of management rights that is created pursuant to section 45(1) of this Act upon the cancellation of a record of management rights pursuant to section 44 of this Act, the commencement date specified on the notice of transfer pursuant to which the new record of management rights was created; or

  • (iii) in the case of a record of management rights that is created under section 47(1) on the cancellation of 2 or more records of management rights under section 46, the date on which the Registrar creates that new record of management rights; or

  • (iv) in the case of a record of management rights that is created under section 47B(1) on the cancellation of 2 records of management rights under section 47A, the date on which the Registrar creates that new record of management rights; and

• (g) The expiry date applying to the record of management rights, being,—

  • (i) In the case of a record of management rights constituted under section 10(2) of this Act, the expiry date specified on the application pursuant to which the record of management rights was recorded on the Register, which expiry date shall in no case be later than the date of the expiry of the period of 20 years from the commencement date of the record of management rights; or

  • (ii) In the case of a record of management rights that is created pursuant to section 45(1) of this Act upon the cancellation of a record of management rights pursuant to section 44 of this Act, the expiry date specified on the cancelled record of management rights; or

  • (iii) in the case of a record of management rights that is created under section 47(1) on the cancellation of 2 or more records of management rights under section 46, the expiry date specified on the cancelled records of management rights; or

  • (iv) in the case of a record of management rights that is created under section 47B(1) on the cancellation of 2 records of management rights under section 47A, the expiry date specified on the record of management rights for the successive management rights; and

• (h) the reference number of every spectrum licence, where any of the frequencies within the frequency band to which that spectrum licence relates is within the range of frequencies to which the management right relates.

(1) Unless section 34B or section 34C applies, the power floor relating to each frequency to which each record of management rights relates is the power floor specified on the application under which the record of management rights is recorded on the register.

(2) Where no power floor is specified in an application for management rights for a frequency, the power floor is -50dbw.

Where the Secretary and any manager agree to modify the power floor applying to any 1 or more frequencies to which the manager's record of management rights relates, they may present to the Registrar for the purposes of registration a notice in the prescribed form specifying—

• (a) the power floor that is to apply, under the agreement, to any 1 or more frequencies to which that record of management rights relates; and

• (b) the date from which the modified power floor or floors apply.

(1) Where, under section 44(1), the Registrar cancels a record of management rights and, under section 45(1), creates new records of management rights in relation to the frequencies to which the cancelled record of management rights relates, the power floor applying to each frequency in each record of management rights so created is the power floor for that frequency specified in the cancelled record of management rights.

(2) If, under section 46(1) or section 47A(3), the Registrar cancels any records of management rights and, under section 47(1) or section 47B(1), creates a new record of management rights in relation to the frequencies to which the cancelled records of management rights relate, the power floor for each frequency specified in the cancelled records of management rights continues to apply to those frequencies.

Nothing in Parts 3 to 12 or Part 16 applies to any emissions transmitted from any point that is more than 50 kilometres above the surface of the earth.

(1) Subject to sections 36 and 37 of this Act, the protection limit relating to the range of frequencies to which each record of management rights relates shall be the protection limit specified on the application pursuant to which the record of management rights was recorded on the Register.

(2) The Registrar must not register a protection limit in relation to a record of management rights where the protection limit is lower than the power floor specified for any frequency within the range of frequencies to which the record relates.

Where the Secretary and any manager agree to modify the protection limit applying to that manager's record of management rights, they may present to the Registrar for the purposes of registration a notice in the prescribed form specifying—

• (a) The protection limit that is to apply, pursuant to the agreement, to that record of management rights; and

• (b) The date from which the modified protection limit is to apply.

(1) Where, pursuant to section 44(1) of this Act, the Registrar cancels a record of management rights and, pursuant to section 45(1) of this Act, creates new records of management rights in relation to the frequencies to which the cancelled record of management rights relates, the protection limit applying to each record of management rights so created shall be the protection limit specified in the cancelled record of management rights.

(2) If, under section 46(1) or section 47A(3), the Registrar cancels any records of management rights and, under section 47(1) or section 47B(1), creates a new record of management rights in relation to the ranges of frequencies to which the cancelled records of management rights relate, the protection limits specified in the cancelled records of management rights continue to apply to those ranges of frequencies.

Where an application is made to the Registrar under section 10 of this Act in relation to any radio frequencies, the Registrar shall not register those frequencies under that section if any adjacent frequencies emission limit specified in that application in relation to any frequency exceeds the protection limit specified in relation to that frequency in any record of management rights constituted under subsection (2) of that section.

(1) The adjacent frequencies emission limits relating to the range of frequencies to which each record of management rights relates shall be the adjacent frequencies emission limits specified in the application pursuant to which the record of management rights was recorded on the Register.

(2) [Repealed]

(1) Where any manager and any adjacent manager agree to modify the adjacent frequencies emission limit applying to any frequency or frequencies falling within the range of frequencies specified in the adjacent manager's record of management rights, they may present to the Registrar for the purposes of registration a notice in the prescribed form specifying—

• (a) The adjacent frequencies emission limit or adjacent frequencies emission limits that is or are to apply pursuant to the agreement; and

• (b) The date from which the modified adjacent frequencies emission limit or limits is or are to apply.

(2) No modification of any adjacent frequencies emission limit or limits shall affect any unwanted emission limit applying to any spectrum licence created before the date specified in the notice given under subsection (1) of this section as the date from which the modified adjacent frequencies emission limit or limits is or are to apply.

(3) [Repealed]

(1) Where, pursuant to section 44(1) of this Act, the Registrar cancels a record of management rights and, pursuant to section 45(1) of this Act, creates new records of management rights in relation to the frequencies to which the cancelled record of management rights relates, the adjacent frequencies emission limits applying to each record of management rights so created shall be,—

• (a) In relation to the frequencies adjacent to the boundaries of the range of frequencies to which the cancelled record of management rights relates, the adjacent frequencies emission limits specified in the cancelled record of management rights as relating to those frequencies; and

• (b) In relation to the frequencies adjacent to the boundaries created as a result of the creation of the records of management rights, the adjacent frequencies emission limits specified in the notice of transfer pursuant to which the records of management rights are created.

(2) If, under section 46(1) or section 47A(3), the Registrar cancels any records of management rights and, under section 47(1) or section 47B(1), creates a new record of management rights in relation to the ranges of frequencies to which the cancelled records of management rights relate, the adjacent frequencies emission limits applying to the frequencies adjacent to the boundaries of the range of frequencies to which the new record of management rights relates are the adjacent frequencies emission limits specified in the cancelled records of management rights as relating to those frequencies.

(1) Where a manager intends to transfer the manager's management rights, or such of the management rights as relate to part of the range of frequencies to which the manager's record of management rights relates, the manager may execute for the purpose of registration a notice of transfer in the prescribed form.

(2) The manager must obtain the consent of the rightholder to a transfer of management rights proposed in accordance with this section, if—

• (a) a spectrum licence is in force at the time of the transfer; and

• (b) that spectrum licence provides that the spectrum licence may be modified by the rightholder alone; and

• (c) that spectrum licence applies to a frequency band of which some of the frequencies are in the part of the management right proposed to be transferred and some of the frequencies are in the part of the management right proposed to be retained by the manager.

If any notice of transfer purports to transfer management rights in respect of all radio frequencies to which a record of management rights relates, it shall not be necessary for the Registrar to cancel that record of management rights, and the record of the transfer endorsed on the record of management rights shall be sufficient evidence that the transferee named in that record is the manager in relation to the range of frequencies to which the notice relates, as if a record of management rights had been created in the name of the transferee.

(1) If a notice of transfer purports to transfer the management rights in respect of part only of the range of frequencies specified in a record of management rights, the Registrar must record on the record of management rights that the record of management rights is cancelled.

(2) The recording of the cancellation under subsection (1) has the effect of cancelling the record of management rights.

(1) The Registrar, upon cancelling any record of management rights under section 44 of this Act, shall create—

• (a) A record of management rights in relation to the radio frequencies transferred; and

• (b) A record of management rights in relation to the radio frequencies retained by the manager.

(2) The Registrar must record on every record of management rights created under subsection (1)—

• (a) the reference number of every spectrum licence that was recorded on the cancelled record of management rights, where any frequency within the frequency band to which that spectrum licence relates is within the range of frequencies to which the record of management rights relates:

• (b) any conditions recorded on the cancelled record of management rights, where those conditions applied to the whole of the cancelled management right or to any frequency within the frequency band to which the record of management rights created under subsection (1) relates.

(1) Subject to subsection (3) of this section, where a manager has the management rights in respect of ranges of frequencies that share a common boundary, the manager may request that the Registrar cancel the records of management rights relating to those ranges of frequencies, and create one record of management rights relating to all of those ranges of frequencies.

(2) If, upon receipt of a request under subsection (1) of this section, the Registrar is satisfied—

• (a) That the request relates to ranges of frequencies that share a common boundary; and

• (b) That the person making the request, or on whose behalf the request is made, has the management rights in respect of the radio frequencies to which the request relates,—

the Registrar shall record on the records of management rights to which the request relates that the records of management rights are cancelled, and such record shall have the effect of cancelling the records of management rights.

(3) No request may be made under this section for the cancellation of any records of management rights relating to any ranges of frequencies unless the records of management rights to which the request relates all have the same expiry date applying to them.

(1) The Registrar, upon cancelling any records of management rights under section 46 of this Act, shall create a record of management rights in respect of the radio frequencies to which the cancelled records of management rights relate.

(2) The Registrar shall record on every record of management rights created under subsection (1) of this section the reference number of every spectrum licence that was recorded on any of the cancelled records of management rights.

(1) This section applies to a manager if—

• (a) the manager has management rights that expire in less than 5 years' time (the current management rights); and

• (b) the manager is also the manager of subsequent management rights created in relation to the same range of frequencies as the current management rights (the successive management rights); and

• (c) the records of management rights of both the current management rights and the successive management rights have—

  • (i) the same power floors; and

  • (ii) the same protection limits; and

  • (iii) the same adjacent frequencies emission limits; and

  • (iv) the same conditions applying to spectrum licences created in relation to those records; and

• (d) the commencement date of the record of management rights relating to the successive management rights is no more than 1 day after the expiry date applying to the record of management rights relating to the current management rights.

(2) A manager to whom this section applies may request that the Registrar cancel the records of management rights of both the current management rights and the successive management rights, and create 1 record of management rights relating to the range of frequencies concerned.

(3) If, upon receipt of a request under subsection (2), the Registrar is satisfied that subsection (1) applies, the Registrar must record on the records of management rights to which the request relates that the records of management rights are cancelled, and that recording of the cancellation has the effect of cancelling the records of management rights.

(1) The Registrar, upon cancelling any records of management rights under section 47A, must create a record of management rights in respect of the radio frequencies to which the cancelled records of management rights relate.

(2) The Registrar must record on every record of management rights created under subsection (1) the reference number of every spectrum licence that was recorded on the cancelled records of management rights.

(1) Where a manager intends to reserve to himself or herself or to grant to any other person—

• (a) the right to transmit on a frequency band, and the right to have no harmful interference from co-channel emissions in the protection area on the frequency band within the range of frequencies specified in the manager's record of management rights; or

• (b) the right to transmit on a frequency band within the range of frequencies specified in the manager's record of management rights; or

• (c) the right to have no harmful interference from co-channel emissions in the protection area on a frequency band within the range of frequencies specified in the manager's record of management rights,—

that manager may execute for the purposes of registration a spectrum licence in a form prescribed for spectrum licences granted or reserved under this section.

(2) A spectrum licence is not valid until that licence is registered.

(3) Any spectrum licence created under subsection (1)(b) may be specified as a general user spectrum licence for the purposes of section 55A.

(1) Every spectrum licence must specify—

• (a) the name and address of the rightholder; and

• (b) the frequency band within which radio waves may be transmitted; and

• (c) except for licences granted or reserved under section 48(1)(b), the protection area; and

• (d) except for licences granted or reserved under section 48(1)(c), any unwanted emission limits applying to emissions from a radio transmitter or transmitters; and

• (e) the commencement date of the spectrum licence, being a date not earlier than the commencement date of the record of management rights to which the spectrum licence relates; and

• (f) the expiry date of the spectrum licence, being a date not later than the expiry date of the record of management rights to which the spectrum licence relates; and

• (g) whether the spectrum licence may be transferred to another person by the rightholder with or without the consent of the manager; and

• (h) whether the spectrum licence may be cancelled by 1 or more of the rightholder, the manager, or the rightholder and manager together; and

• (i) whether the spectrum licence may be modified by 1 or more of the rightholder, the manager, or the rightholder and manager together; and

• (j) any conditions on the exercise of the right to transmit radio waves or the right to have no harmful interference under the spectrum licence, being conditions that do not contravene the conditions specified in the record of management rights to which the spectrum licence relates; and

• (k) any other matters that may be specified by regulations made under this Act.

(2) A spectrum licence may specify that the spectrum licence is a general user spectrum licence for the purposes of section 55A.

Every spectrum licence to which section 48 of this Act applies shall be given a reference number at the time that it is registered, which number shall consist of—

• (a) The reference number of the record of management rights to which it relates; and

• (b) A further reference number that uniquely identifies the spectrum licence.

(1) The rightholder in relation to a spectrum licence may enter into agreements with persons wishing to transmit on the frequency specified in the spectrum licence.

(2) The terms of every agreement are deemed to include a condition that the person who has entered into the agreement with the rightholder will transmit only in accordance with—

• (a) the rightholder's spectrum licence:

• (b) conditions in the record of management rights in relation to which the rightholder's spectrum licence is registered:

• (c) the provisions of section 102 as applied to the rightholder's spectrum licence:

• (d) Schedule 1.

(3) Every transmission by a person who—

• (a) has entered into an agreement with a rightholder under this section; and

• (b) is transmitting in accordance with that agreement—

is a transmission by the rightholder.

(1) This section applies to every spectrum licence created under section 48(1)(b) that is specified as a general user spectrum licence in accordance with section 48(3).

(2) A general user spectrum licence grants to every person permission to transmit radio waves on the frequency band specified in the general user spectrum licence if that person complies with—

• (a) any conditions specified in the record of management rights in relation to which the general user spectrum licence is registered; and

• (b) any conditions specified in the spectrum licence under section 49(1)(j); and

• (c) Schedule 1.

(3) No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency within the range of frequencies to which the unwanted emission limit specified in the general user spectrum licence applies, at a level greater than is specified in that general user spectrum licence as the unwanted emission limit applying to that frequency.

(4) No person transmitting radio waves in accordance with a general user spectrum licence may transmit unwanted emissions on any frequency that is not within the frequency band or the range of frequencies to which any unwanted emission limit specified in the general user spectrum licence applies, at a level greater than the power floor applying to that frequency in accordance with the record of management rights relating to that frequency at the time the general user spectrum licence was registered.

(5) Every person who transmits radio waves on a frequency specified in a general user spectrum licence and who fails to comply with subsections (2), (3), or (4) commits an offence against this Act.

(6) A person transmitting in accordance with a general user spectrum licence is not a rightholder and that person does not, by transmitting in accordance with a general user spectrum licence, acquire rights or obligations under sections 99, 101, or 102.

(1) If a rightholder intends to transfer the rightholder's spectrum licence, the rightholder may, for the purpose of registration, execute a notice of transfer in the prescribed form.

(2) If a spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from the manager to the transfer of that spectrum licence.

(3) If a part of the management rights to which a frequency band in a spectrum licence relates has been transferred to another person and the spectrum licence provides that the spectrum licence cannot be transferred without the consent of the manager, the Registrar must not register a transfer of that spectrum licence unless the Registrar receives written consent from all managers holding management rights to which the frequency band in that spectrum licence relates.

(4) The transfer of a spectrum licence is not valid until the transfer is registered.

(1) Where a spectrum licence provides that the spectrum licence may be modified or cancelled by the rightholder alone and the rightholder wishes to modify any matter specified on the rightholder's spectrum licence or cancel the rightholder's spectrum licence, the rightholder may present to the Registrar for the purposes of registration a notice in the prescribed form.

(2) Every notice presented under subsection (1) must be accompanied by a statutory declaration from or on behalf of the rightholder that the manager who has the management rights in relation to the frequency band or frequency bands within which it is permitted to transmit under the spectrum licence has been served with a copy of the notice.

(3) The notice must specify—

• (a) the modification to the spectrum licence; and

• (b) the date from which the modification or cancellation is to apply.

(1) If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager alone and the manager in relation to that spectrum licence wishes to modify any matter specified on the spectrum licence or cancel the rightholder's spectrum licence, the manager may present to the Registrar for the purposes of registration a notice in the prescribed form.

(2) Every notice presented under subsection (1) must be accompanied by a statutory declaration from or on behalf of the manager that the rightholder in relation to that spectrum licence has been served with a copy of the notice.

(3) The notice must specify—

• (a) the modification to the licence; and

• (b) the date from which the modification or cancellation is to apply.

(1) If a spectrum licence provides that the spectrum licence may be modified or cancelled by the manager and the rightholder together and the manager and the rightholder in relation to that spectrum licence agree to modify any matter specified on the spectrum licence or to cancel the spectrum licence, the manager or the rightholder may present to the Registrar for the purposes of registration a notice in the prescribed form.

(2) Every notice presented under subsection (1) must be signed by both the manager and the rightholder.

(3) The notice must specify—

• (a) the modification to the licence; and

• (b) the date from which the modification or cancellation is to apply.

If the reference number of a spectrum licence is recorded in accordance with section 45(2) on more than 1 record of management rights, then, despite any provision to the contrary in that spectrum licence, the spectrum licence may be modified only with the consent of all the managers who hold a record of management rights relating to a frequency within the frequency band specified in the spectrum licence.

(1) Where an instrument received by the Registrar for registration under section 16(1) is a modification to a spectrum licence or the cancellation of a spectrum licence, the Registrar must not register that modification or cancellation unless that modification or cancellation is in the prescribed form.

(2) Where an instrument is a modification to the spectrum licence that proposes to modify the frequency band specified in the spectrum licence by including any frequency not within the range of frequencies on the record of management rights to which the spectrum licence relates, the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a).

(3) Where—

• (a) an instrument is a modification to the spectrum licence that proposes to modify the unwanted emission limits specified in the spectrum licence or include unwanted emission limits in the spectrum licence; and

• (b) any frequency to which the unwanted emission limits specified in the modification to the spectrum licence apply is a frequency subject to the adjacent frequencies emission limit specified in the record of management rights to which the spectrum licence relates; and

• (c) the maximum power of emissions specified as being permitted on that frequency exceeds the adjacent frequencies emission limit for that frequency in the record of management rights,—

the Registrar must decline to register that modification to the spectrum licence and must return the modification to the spectrum licence in accordance with section 18(a).

(4) The Registrar must not register any modification to a spectrum licence, other than a modification to any of the matters referred to in paragraphs (a), (g), (h), or (i) of section 49(1), unless the Registrar receives, from or on behalf of the applicant for registration, a certificate from an approved radio engineer dated not more than 3 months before the receipt of that certificate by the Registrar.

(5) The radio engineer's certificate must certify that, in the opinion of that engineer, the exercise of rights to which the spectrum licence, as modified, relates—

• (a) will not endanger the functioning of any radionavigation service; and

• (b) will not endanger the functioning of any radio service essential to the protection of life and property; and

• (c) will not cause harmful interference to rights conferred by registered spectrum or radio licences; and

• (d) is technically compatible with services authorised to be operated under existing spectrum licences and radio licences; and

• (e) will sufficiently define the protection area and the nature and characteristics of the proposed transmissions to enable subsequent spectrum licences and radio licences to be co-ordinated with the exercise of rights to which the spectrum licence relates for the purpose of avoiding harmful interference.

(6) Where a modification to a spectrum licence is received by the Registrar,—

• (a) the Registrar may require the Secretary to provide to the Registrar a certificate stating whether or not the exercise of the rights to which the spectrum licence, as modified, relates will cause harmful interference to the exercise of any rights conferred by any spectrum licence or radio licence that is not available for search under section 28(3); and

• (b) if any such certificate states that harmful interference will, or is likely to, occur, the Registrar must decline to register the modification to the spectrum licence, and must return the modification to the spectrum licence in accordance with section 18(a).

(7) The Registrar must not register a modification to a spectrum licence that purports to alter a provision of that spectrum licence relating to the cancellation of that licence.

(8) Except as provided in subsections (1) to (7), it is not the duty of the Registrar to determine whether or not the effect of any modification to a spectrum licence received for registration under section 16(1) is to make the exercise of all or any of the rights conferred by that spectrum licence technically compatible with the exercise of any rights by any person under any spectrum licence or any radio licence.

A radio engineer issuing a certificate under section 57D—

• (a) must, before issuing the certificate, have regard to—

  • (i) the nature and characteristics of the rights described in the spectrum licence; and

  • (ii) the International Radio Regulations; and

  • (iii) the ITU-R reports and recommendations; and

  • (iv) Annex 10 to the Convention on International Civil Aviation; and

  • (v) the International Convention for the Safety of Life at Sea; and

  • (vi) the nature of the service proposed to be operated under the spectrum licence; and

  • (vii) any relevant reference standards issued by the Secretary; but

• (b) must not, in considering whether to issue the certificate, have regard to the reception of radio waves by inappropriate receivers.

(1) Subject to subsection (3) of this section, the production of a certified copy of a record of management rights in the Register shall, unless the contrary is proved by production of the Register or a certified copy of the Register, be held in every Court of law or equity and for all purposes to be conclusive proof that the manager shown in the certified copy is entitled to the management rights in relation to the radio frequencies to which the certified copy relates.

(2) Subject to subsection (3) of this section, the production of a certified copy of a spectrum licence registered under this Act shall, unless the contrary is proved by production of the Register or a certified copy of the Register, be held in every Court of law or equity and for all purposes to be conclusive proof that the rightholder shown in the certified copy is entitled to the rights of a rightholder in relation to the radio frequency to which the certified copy relates.

(3) Nothing in subsection (1) or subsection (2) of this section shall apply in respect of any action brought by any person deprived of management rights in relation to any radio frequencies, or of any rights as rightholder in relation to any spectrum licence, or of any rights as mortgagee of any management rights or any spectrum licence, by fraud, as against—

• (a) The person registered as manager or rightholder through fraud; or

• (b) A person deriving otherwise than as a transferee bona fide for value from or through a person registered as manager or rightholder through fraud.

Notwithstanding any rule of law or equity, except in the case of fraud, no person contracting or dealing with or taking or proposing to take a transfer from the manager in relation to any radio frequencies, or from a rightholder in relation to any spectrum licence,—

• (a) Shall be required—

  • (i) To inquire into or ascertain the circumstances in or the consideration for which that manager or any previous manager, or, as the case may require, that rightholder or any previous rightholder, is or was registered; or

  • (ii) To see to the application of the purchase money or of any part of it; or

• (b) Shall be affected by notice, direct or constructive, of any trust or unregistered interest, and the knowledge that any such trust or unregistered interest is in existence shall not of itself be imputed as fraud.

(1) This section applies to—

• (a) Any person who has acquired management rights in relation to any radio frequencies, or any rights as rightholder in relation to any spectrum licence, as a bona fide purchaser for value, and is registered as manager or, as the case may require, rightholder under this Act; and

• (b) Any person to whom a mortgage of any management rights or spectrum licence has been granted under this Act, as a mortgagee bona fide for value, and who is registered as a mortgagee of the management rights or spectrum licence under this Act.

(2) No person to whom this section applies shall be subject to action for recovery of damages, or be deprived of the management rights or spectrum licence in respect of which the person is registered or, as the case may be, that person's interest as mortgagee, on the ground that the vendor from whom the registered manager or rightholder so acquired the management rights or spectrum licence or, as the case may require, the mortgagor of the management rights or spectrum licence—

• (a) May have been registered as manager or rightholder through fraud or error, or under any void or voidable instrument; or

• (b) May have derived from a person registered as manager or rightholder through fraud or error, or under any void or voidable instrument.

Any person—

• (a) Who sustains loss or damage through any omission, mistake, or misfeasance of the Registrar, or of any employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, in the execution of their respective duties; or

• (b) Who is deprived of any management rights or spectrum licence in respect of which the person is registered as the manager or rightholder, or of any interest as mortgagee of any management rights or spectrum licence, by the registration of any other person as the manager or rightholder of those management rights or that spectrum licence or, as the case may require, as mortgagee of those management rights or that spectrum licence, or by any error, omission, or misdescription in any record of management rights, or in any entry or memorial in the Register, or has sustained any loss or damage by the wrongful inclusion of management rights in any record of management rights, and who by virtue of section 58 of this Act is unable to bring an action in respect of those management rights or, as the case may require, that spectrum licence or that interest—

may bring an action against the Crown for recovery of damages.

(1) In this section, unless the context otherwise requires,—

(2) For the purposes of this section, except as the parties may expressly agree a transaction is settled when the purchaser pays, gives, or otherwise makes available to the vendor the purchase money or other consideration, either in full or to the extent necessary to entitle the purchaser, in terms of the agreement or arrangement relating to the transaction, to call upon the vendor to do everything required of the vendor under that agreement or arrangement to enable the purchaser to register the interest to which the transaction relates.

(3) Any purchaser under a transaction to which this section applies who obtains, at any time during the first operative period, a search copy in respect of the management rights or spectrum licence that is the subject of the transaction and who sustains any loss or damage through the registration or lodging under this Act of any instrument or other document relating to those management rights or that spectrum licence may bring an action against the Crown for the recovery of damages if—

• (a) No entry or memorial in the Register relating to that registration or lodging appears in the search copy; and

• (b) The registration or lodging was effected at any time before the expiry of the second operative period or the sooner registration of all instruments and other documents necessary to give effect to the transaction.

(4) For the purposes of an action under this section, the Court may, on application made to it in that behalf by the purchaser (whether before or after the expiry of the second operative period), extend the second operative period for such length of time as it thinks just where it is satisfied that the registration of all instruments and other documents giving effect to the transaction have not been registered within that period and that the delay in such registration is attributable otherwise than to the fault of the purchaser, or of the purchaser's solicitor or agents.

(1) Notice in writing of every action against the Crown under section 61 or section 62 of this Act, and of the cause of the action, and of the amount claimed, shall be served upon the Attorney-General, and also upon the Registrar, at least 20 working days before the commencement of the action.

(2) If those officers concur that the claim ought to be admitted, as to the whole or any part of the claim, without suit or action, and jointly certify to that effect, the amount of the claim may, without further appropriation than this section, be paid, out of public money appropriated by Parliament, in whole or in part to the person entitled to that amount in accordance with the certificate.

(3) If, after notice of the admission has been served on the claimant, or the solicitor or agent of the claimant, the claimant proceeds with the action, and recovers no more than the amount admitted, the claimant—

• (a) Shall not be entitled to recover any costs as against the Crown; and

• (b) Shall be liable to the Crown for the costs of defending the action in the same manner as if judgment had been given for the defendant in the action.

(1) Where any sum of money has been lawfully paid out of public money as compensation for any loss occasioned by fraud on the part of any person causing or procuring that person to be registered as manager or rightholder, or as mortgagee of any management rights or spectrum licence, by virtue of any dealing with or transmission from a registered manager or rightholder, the amount of that compensation, together with all costs incurred in testing or defending any claim or action in relation to that compensation, shall be deemed a debt due to the Crown from the person legally responsible for that fraud and may be recovered from that person, or from that person's personal representatives, by action at law, in the name of the Registrar, or, in the case of bankruptcy, may be proved as a debt due from that person's estate.

(2) A certificate signed by the Minister of Finance, verifying the fact of the payment of compensation out of public money, shall be prima facie proof that such payment was made.

(3) All money recovered in any action pursuant to subsection (1) of this section shall be paid to the credit of the Crown Bank Account.

(1) Without limiting section 64 of this Act, where any sum of money is lawfully paid out of public money as compensation for any loss or damage sustained in any case to which section 62 of this Act applies, and that loss or damage was caused wholly or partly by the negligence of the purchaser's solicitor, the amount of that compensation (together with all costs incurred in testing or defending any claim or action in relation to that compensation), to the extent that it may properly be attributed to that solicitor's negligence, shall be deemed a debt due to the Crown from that solicitor, and may be recovered from that solicitor or from that solicitor's personal representatives, by action of law, in the name of the Registrar, or, in the case of bankruptcy, may be proved as a debt due from that solicitor's estate.

(2) No solicitor shall be held for the purposes of subsection (1) of this section to have acted negligently merely because that solicitor relied on a search copy issued under and for the purposes of section 62 of this Act without also searching any other record held by the Registrar unless, in the special circumstances of the case, a prudent and competent solicitor would have searched that record.

(3) A certificate signed by the Minister of Finance, verifying the fact of the payment of compensation out of public money, shall, for the purposes of this section, be prima facie proof that such payment was made.

(4) All money recovered in any action pursuant to subsection (1) of this section shall be paid to the credit of the Crown Bank Account.

(1) The Registrar may require any person making or concurring in any application under this Act to produce any document in that person's possession or control relating to the radio frequencies the subject of the application, and, if necessary, give any further information or explanation concerning any such document.

(2) Where, pursuant to subsection (1) of this section, the Registrar requires, in respect of any application, the production of any document or the giving of any information or explanation, the Registrar may decline to do any act in relation to that application until that requirement is complied with.

(3) Every person commits an offence who, in purported compliance with any requirement made under subsection (1) of this section, furnishes information, or produces a document, knowing it to be false or misleading in a material respect.

(4) Every person who commits an offence against subsection (3) of this section is liable on summary conviction to a fine not exceeding,—

• (a) In the case of an individual, $10,000:

• (b) In the case of a body corporate, $25,000.

(1) Any person who is prejudicially affected by any decision of the Registrar under section 18 or section 24(1) or section 24(2) or section 27(2) or section 66(1) or section 88 or section 91(2) or section 91(3) of this Act may appeal to the High Court against the decision.

(2) An appeal under subsection (1) of this section shall be brought within 28 days after the making of the decision appealed against, or within such further time as a Judge of the High Court may allow on application made before or after the expiration of that period.

(3) Subject to any order of the High Court, every decision of the Registrar against which an appeal is lodged shall continue in force and have effect according to its tenor pending the determination of the appeal.

On the hearing of an appeal under section 67 of this Act, the Court may confirm, reverse, or modify the decision appealed against, or may give any decision that the Registrar could have given in respect of the matter.

(1) Notwithstanding anything in section 68 of this Act, the High Court may, in any case, instead of determining any appeal under that section, direct the Registrar to reconsider, either generally or in respect of any specified matters, the whole or any part of the matter to which the appeal relates.

(2) In giving any direction under this section, the Court shall—

• (a) Advise the Registrar of its reasons for doing so; and

• (b) Give to the Registrar such directions as it thinks just concerning the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.

(3) In reconsidering the matter so referred back, the Registrar shall have regard to the Court's reasons for giving a direction under subsection (1) of this section, and to the Court's directions under subsection (2) of this section.

(1) Every person commits an offence against this Act who—

• (a) Fraudulently procures the registration of any instrument required by this Act to be registered; or

• (b) Fraudulently uses any form prescribed for the purposes of any of the provisions of Parts 2 to 10 of this Act.

(2) The registration of any transfer procured by fraud shall be void as between all parties to the fraud.

The Registrar shall not be required to produce in any Court of law or elsewhere than in the office of the Registrar any record of management rights or other document in the Registrar's custody as Registrar, or to attend before any Court or elsewhere to give evidence, except by order of the High Court, which order shall not be made unless the Court is satisfied that the Registrar's attendance or the production of the record of management rights or document is necessary, and that the required evidence cannot be given by certified copy of the record of management rights or document.

(1) No criminal proceedings shall lie against the Registrar, or any employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, for anything the Registrar or employee may do or fail to do in the course of the exercise or intended exercise of the functions of the Registrar, unless it is shown that the Registrar or employee acted in bad faith.

(2) Nothing in subsection (1) of this section applies in respect of proceedings for—

• (a) An offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961; or

• (b) The offence of conspiring to commit an offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961; or

• (c) The offence of attempting to commit an offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961.

(3) Where any civil proceedings are brought against the Registrar, or any employee employed to assist the Registrar in the exercise of the Registrar's functions under this Act, in their personal capacities, for anything the Registrar or employee has done or failed to do in the course of the exercise or intended exercise of the functions of the Registrar, the Registrar or employee is entitled to be indemnified by the Crown in respect of all expenses incurred by him or her in connection with the proceedings, and in respect of any amount awarded against him or her in those proceedings, unless it is shown that the Registrar or employee acted, or failed to act, in bad faith.

A mortgage under this Act shall have effect as security, but shall not operate as a transfer of the management rights or spectrum licence charged.

Whenever any management rights or spectrum licence under this Act are or is intended to be charged with or made security for payment of any money, the manager or rightholder shall execute for the purposes of registration a memorandum in the prescribed form.

(1) Subject to subsections (2) and (3) of this section, in the case of every mortgage under this Act,—

• (a) The amount secured by the mortgage may be increased or reduced; and

• (b) The rate of interest may be increased or reduced; and

• (c) The term or currency of the mortgage may be shortened, extended, or renewed; and

• (d) The covenants, conditions, and powers contained or implied in the mortgage may be varied, negatived, or added to—

by a memorandum in the prescribed form.

(2) The memorandum may include all or any of the matters specified in subsection (1) of this section, and in that case the prescribed forms shall be modified accordingly.

(3) It shall not be necessary for a mortgagor to execute a memorandum of reduction, or for a mortgagee to execute a memorandum of increase, of the mortgage debt or of the rate of interest payable under a mortgage.

A memorandum varying the terms or conditions of any mortgage of any management rights or spectrum licence subject to a subsequent mortgage shall not be binding on any mortgagee unless the mortgagee has consented to that variation in writing on that memorandum, but that consent shall render that memorandum binding on the mortgagee so consenting, and shall be deemed to be notice to and shall be binding on all persons who may subsequently derive from the mortgagee any interest in the mortgaged management rights or spectrum licence.

(1) Notwithstanding anything in section 15 of this Act, the priority among themselves of the mortgages affecting any management rights or spectrum licence may from time to time be varied by a memorandum of priority in the prescribed form and registered under this Act.

(2) The memorandum of priority shall be executed by the mortgagor and also by the mortgagee under every mortgage that, by the memorandum, is postponed to any mortgage over which it previously had priority.

Without limiting the covenants, conditions, and powers that may, by agreement between the mortgagor and the mortgagee, be contained in a mortgage of management rights, a mortgage of management rights may confer on the mortgagee any of the following powers in the event of default, by the mortgagor, in the performance or observance of any covenant contained or implied in the mortgage:

• (a) The power to sell the management rights in respect of all or part of the range of frequencies to which the mortgaged management rights relate:

• (b) The power to grant spectrum licences under section 48 of this Act in relation to the mortgaged management rights.

(1) Subject to section 81 of this Act, no power conferred by any mortgage to sell any management rights, or to sell or grant any spectrum licence, or to exercise the rights of a rightholder under a spectrum licence, shall become or be deemed to have become exercisable, by reason of any default in the payment of any money secured by any mortgage of any management rights or any spectrum licence, or by reason of any default in the performance or observance of any other covenant expressed or implied in the mortgage, unless and until the mortgagee serves on the mortgagor a notice that complies with the requirements of this section, and (in any case where the default complained of is capable of remedy) the mortgagor fails to remedy the default before the date specified in the notice.

(2) Every such notice shall be in the prescribed form; but no notice shall be void merely because of any variation from the prescribed form unless—

• (a) The notice does not adequately inform the mortgagor of—

  • (i) The nature and extent of the default complained of; and

  • (ii) The date by which the mortgagor is required to remedy the default (if it is capable of remedy); and

  • (iii) The rights that the mortgagee will be entitled to exercise if the default is not remedied within the specified period; and

• (b) The variation materially prejudices the interests of the mortgagor.

(3) The date to be specified in the notice shall be not earlier than 1 month from the service of the notice.

(1) Where any management rights or spectrum licence that are or is subject to a mortgage are or is subject to any subsequent mortgage, and the mortgagee has actual notice of the name and address of the subsequent mortgagee, the first-mentioned mortgagee shall forthwith after serving notice on the mortgagor under section 79 of this Act serve a copy of the notice on the subsequent mortgagee.

(2) Failure to comply with subsection (1) of this section shall not of itself prevent any of the powers referred to in section 79 of this Act from becoming or being deemed to have become exercisable, or prevent any money secured by a mortgage from becoming or being deemed to have become payable.

(1) Where any notice under section 79(1) of this Act relates to a power to exercise the rights of a rightholder under a spectrum licence, the High Court may, on the application of the mortgagee made ex parte or otherwise as the Court thinks fit, grant leave to the mortgagee to exercise the power at any time before the date specified in the notice.

(2) Leave may be granted under subsection (1) of this section either unconditionally or upon or subject to such conditions as the Court thinks fit.

If at any time the mortgagee under any mortgage of any management rights or any spectrum licence exercises the power of sale conferred by the mortgage, and the amount realised is less than the amount owing under the covenant to repay expressed or implied in the mortgage, no action to recover the amount of the deficiency or any part of the deficiency shall be commenced by the mortgagee against any person (not being the mortgagor of the management rights or spectrum licence at the time of the exercise of the power of sale) unless the mortgagee, at least 1 month before the exercise of the power of sale, serves on that person notice of the mortgagee's intention to exercise the power of sale and to commence action against that person to recover the amount of the deficiency in the event of the amount realised being less than the amount owing under the covenant to repay.

Sections 79 to 82 of this Act shall have effect notwithstanding any provision to the contrary in any mortgage or other agreement.

The purchase money from the sale by the mortgagee of any management rights or spectrum licence shall be applied as follows:

• (a) First, in payment of the expenses occasioned by the sale:

• (b) Secondly, in payment of the money then due or owing to the mortgagee:

• (c) Thirdly, in payment of subsequent registered mortgages (if any) in the order of their priority:

• (d) Fourthly, the surplus (if any) shall be paid to the mortgagor.

Upon the registration of any transfer executed by a mortgagee for the purpose of the sale, by the mortgagee, of any management rights or spectrum licence, ownership of those management rights or that spectrum licence shall pass to and vest in the purchaser, freed and discharged from all liability on account of the mortgage, and of any interest other than an instrument created by an instrument that has priority over the mortgage or which by reason of the consent of the mortgagee is binding on the mortgagee.

(1) Where the sum secured by a mortgage has been paid off either wholly or in part, or where for any other reason the mortgagee has become bound to discharge the mortgage either wholly or partially, the mortgagee shall complete a memorandum in the prescribed form.

(2) A discharge of mortgage, when registered under this Act, shall effectually discharge the management rights or spectrum licence from the mortgage to the extent specified in the memorandum of discharge.

(1) Any person claiming to be entitled by operation of law to be registered as manager or rightholder in relation to any radio frequencies may make application to the Registrar in the prescribed form to have the person registered as manager or rightholder.

(2) Every application under subsection (1) of this section shall be accompanied by such evidence in support of the application as may be necessary to establish the applicant's entitlement to be registered as manager or rightholder.

(3) No application may be made under subsection (1) of this section in respect of any entitlement arising or claimed to have arisen before the commencement of this Act.

If, on any application under section 87 of this Act, the Registrar is satisfied that the applicant is entitled to be registered as manager or rightholder in relation to the radio frequencies to which the application relates, the Registrar shall register the applicant as manager or rightholder, as the case may require.

(1) Any person—

• (a) Claiming to be entitled to, or to be beneficially interested in,—

  • (i) The management rights in relation to any radio frequencies in respect of which a record of management rights is registered under this Act; or

  • (ii) Any spectrum licence—

  by virtue of any unregistered agreement or other instrument, or of any trust expressed or implied, or otherwise howsoever; or

• (b) Transferring—

  • (i) The management rights in relation to any such radio frequencies; or

  • (ii) Any spectrum licence—

  to any other person to be held in trust—

may at any time lodge with the Registrar a caveat in the prescribed form.

(2) Every caveat lodged under subsection (1) of this section shall contain a statement of the grounds on which the caveat is lodged.

(3) No caveat may be lodged pursuant to subsection (1)(a) of this section in respect of any entitlement or beneficial interest arising or claimed to have arisen before the commencement of this Act.

Every notice relating to a caveat and any proceedings in respect of a caveat, if served at the place appointed in the caveat, shall be deemed duly served.

(1) Subject to subsections (2) to (4) of this section, so long as a caveat remains in force, the Registrar shall not make any entry on the Register having the effect of—

• (a) Charging or transferring the management rights to which the caveat relates, or creating or modifying any spectrum licence under those management rights; or

• (b) Charging or transferring or modifying the spectrum licence to which the caveat relates.

(2) Subsection (1) of this section shall not prevent the Registrar from making any entry where—

• (a) The caveator consents to the making of that entry; or

• (b) The making of that entry is necessary to complete the registration of any instrument that has been accepted for registration before the receipt of the caveat.

(3) Subsection (1) of this section shall not prevent the Registrar from making any entry necessary to effect the registration of a transfer of any interest in any management rights or spectrum licence where—

• (a) The transfer is expressed to be made in pursuance of a power of sale conferred on the transferor by virtue of a registered mortgage of those management rights or that spectrum licence (hereafter in this subsection referred to as the empowering mortgage); and

• (b) The caveat was lodged after the registration of the empowering mortgage; and

• (c) The interest claimed by the caveator arises under an unregistered mortgage or an agreement to mortgage, dated later than the date of registration of the empowering mortgage and relating to the same interest to which the empowering mortgage relates; and

• (d) The Registrar is not satisfied from the particulars stated in the caveat that, on the assumption that the caveator is able to prove the caveator's claim, the caveator would be entitled to—

  • (i) An order of the Court that the registration of the empowering mortgage be cancelled; or

  • (ii) The registration of any instrument that would have the effect of making the mortgagee's interest under the empowering mortgage subject to the interest claimed by the caveator.

(4) In any case to which subsection (3) of this section applies, the caveat shall, upon the registration of the transfer, be deemed to have lapsed and the interest of the mortgagor expressed in that transfer to be transferred shall pass to and vest in the purchaser freed and discharged of the interest claimed by the caveator; and the Registrar may make on the Register any entry necessary to show that the caveat has lapsed.

Upon the receipt of any caveat that complies with section 89 of this Act, and is completed to the satisfaction of the Registrar, the Registrar shall give notice of the caveat to—

• (a) The manager against whose management rights the caveat has been lodged; or

• (b) The rightholder against whose spectrum licence the caveat has been lodged.

(1) Any manager or rightholder against whose management rights or spectrum licence a caveat has been lodged, or any other person having any registered interest in any management rights or spectrum licence against which a caveat has been lodged, may apply to the High Court for an order that the caveat be removed.

(2) The Court, upon proof that notice of the application has been served on the caveator or the person on whose behalf the caveat has been lodged, may make such order, either ex parte or otherwise, as the Court thinks fit.

Every caveat shall, upon the expiry of 10 working days after notice is given to the caveator that application has been made for the registration of any instrument affecting the management rights or spectrum licence protected by the caveat, be deemed to have lapsed as to those management rights or that spectrum licence, or so much of those management rights or that spectrum licence as is referred to in the notice, unless—

• (a) Before the expiry of the 10 working days, notice is given to the Registrar that application for an order to the contrary has been made to the High Court; and

• (b) Such an order is made and served on the Registrar within a further period of 20 working days.

(1) Any person who, without reasonable cause, lodges any caveat is liable in damages for any loss or damage suffered by any person as a result of the lodging of the caveat.

(2) Any person who lodges a caveat and who, when that caveat is no longer needed to protect any interest of the caveator, fails, without reasonable cause, to withdraw that caveat as soon as reasonably practicable after having been requested to do so by any person prejudicially affected by the caveat is liable in damages for any loss or damage suffered by any person as a result of the failure to withdraw the caveat.

(1) Any caveat may be withdrawn by the caveator or by the caveator's attorney or agent under a written authority, and either as to the whole or any part of the management rights or spectrum licence protected by the caveat.

(2) Every withdrawal of a caveat shall be made in the prescribed form.

When any caveat lodged under this Part of this Act has lapsed or has been withdrawn, it shall not be lawful for the Registrar to receive any second caveat affecting the same management rights or spectrum licence by the same person, or in the same right and for the same cause, except by order of the High Court.

Subject to any spectrum licence granted by the manager, every manager shall have the right to create spectrum licences under section 48 of this Act in relation to the frequencies specified in the manager's record of management rights and in relation to any location in New Zealand.

(1) Every rightholder who has a spectrum licence to transmit radio waves and to receive no harmful interference from co-channel emissions in a protection area has the right to transmit radio waves and to receive no harmful interference from co-channel emissions in that protection area in accordance with that licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101.

(2) Every rightholder who has a spectrum licence to transmit radio waves has the right to transmit radio waves in accordance with that spectrum licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101.

(3) Every rightholder who has a spectrum licence containing the right to receive no harmful interference from co-channel emissions in a protection area has the right to receive no harmful interference from co-channel emissions in the protection area in accordance with that spectrum licence while the rightholder's spectrum licence is in force and the rightholder is complying with the requirements in section 101.

(4) If the rightholder complies with section 102, the right to transmit radio waves includes the right to transmit unwanted emissions.

(1) Every rightholder, in exercising rights under section 99 of this Act, shall comply with—

• (a) Any conditions specified in the record of management rights in relation to which the rightholder's spectrum licence is registered; and

• (b) Any conditions specified in the spectrum licence pursuant to section 49(1)(j); and

• (c) The requirements specified in Schedule 1 to this Act.

(2) Every person who fails to comply with subsection (1) of this section shall be deemed not to be acting in accordance with the person's rights as rightholder for the purposes of section 103 of this Act.

(1) No rightholder, in exercising rights under section 99 of this Act, shall transmit unwanted emissions on any frequency within the range of frequencies to which the unwanted emission limit specified in the spectrum licence applies, at a level greater than is specified in the spectrum licence as the unwanted emission limit applying to that frequency.

(2) No rightholder, in exercising rights under section 99, may transmit unwanted emissions on any frequency that is not within the frequency band or the range of frequencies to which any unwanted emission limit specified in the spectrum licence applies, at a level greater than the power floor applying to that frequency in accordance with the record of management rights relating to that frequency at the time the spectrum licence was registered.

(3) Every person who contravenes subsection (1) or subsection (2) of this section shall be deemed not to be acting in accordance with the person's rights as rightholder for the purposes of section 103 of this Act.

(1) Subject to subsection (3), every transmission of radio waves by any person on any frequency in respect of which a management right is registered under this Act is prohibited, except—

• (a) a transmission of radio waves by a rightholder acting in accordance with a rightholder's spectrum licence; or

• (b) a transmission by a person acting in accordance with a general user spectrum licence.

(2) Every person who contravenes this section commits an offence against this Act.

(3) Nothing in subsection (1) of this section applies to the transmission of unintended emissions from a receiver tuned to receive emissions from a rightholder transmitting in accordance with the rightholder's spectrum licence.

Nothing in section 103 prevents any person from transmitting radio waves in accordance with—

• (a) a radio licence; or

• (b) an exemption exempting that transmission of radio waves from any requirement to be licensed, being an exemption granted by or under any regulations made under section 116(1)(c).

For the purposes of any action in tort, it is declared that where a receiver is tuned to receive emissions from a transmitter operated by a rightholder in accordance with the rightholder's spectrum licence or by the holder of a radio licence in accordance with that radio licence, and that receiver is situated on land within the protection area of that licence, any harmful interference to the reception, by that receiver, of radio waves constitutes an interference with the enjoyment of land on which the receiver is situated.

(1) For the purposes of sections 108 to 109C,—

(2) Where a person holds a radio licence that does not specify an area as a protection area, that person may proceed as a claimant if there is harmful interference in the area that the person considers would be the protection area of the licence, and that area is the protection area for that radio licence until such time as the arbitral tribunal determines otherwise in accordance with section 109A(2).

(3) Despite the lack of a radio licence or the lack of a protection area specified in that radio licence, where that radio licence is for a radionavigation or safety service, the owner of the radionavigation receiver or a safety receiver may proceed as a claimant if there is harmful interference with reception by that receiver that endangers the functioning of that radionavigation service or safety service.

Where a radio licence or a spectrum licence has been granted and registered but lawful transmissions have not commenced, and a rightholder or holder of a radio licence believes that lawful transmissions made in accordance with that licence are very likely to cause harmful interference in the protection area of that licence, the provisions of sections 106 to 109C apply as though the lawful transmissions had commenced.

(1) Where a respondent is lawfully transmitting radio waves under a registered spectrum licence or radio licence, and those transmissions cause or contribute to harmful interference in the protection area of another registered spectrum licence or radio licence, the claimant may serve on the respondent a notice concerning that interference.

(2) If both the claimant and the respondent are holders of radio licences and the matter is in relation to those licences,—

• (a) the provisions of subsections (5) to (7) and sections 109 to 109C do not apply; and

• (b) the matter may be referred to the Secretary by the claimant or the respondent; and

• (c) the Secretary may take any action that the Secretary thinks fit.

(2A) The claimant may, after the expiry of 10 working days from the date when the matter was referred to the Secretary under subsection (2), by notice in the prescribed form to the Secretary, request that the Secretary refer the matter to arbitration under section 109 if, within that 10-working-day period,—

• (a) the action specified in the notice given under subsection (1) has not been taken; and

• (b) the claimant continues to believe that the respondent's transmissions have caused or contributed to, or are causing or contributing to, harmful interference in the protection area of the claimant, and that the action that is specified in the notice is justified; and

• (c) the claimant, the respondent, and the Secretary have not agreed on a method of reaching an agreement to deal with the harmful interference or to refer the matter to arbitration.

(2B) Despite subsection (2)(a), if a claimant has made a request under subsection (2A), sections 109 to 109C apply.

(3) Where the harmful interference which is the subject of the notice under subsection (1) endangers the functioning of the claimant's radionavigation service or other safety service, the claimant may also serve a copy of the notice on the Secretary, and the Secretary may, in his or her discretion, direct the claimant or the respondent, or both, to take action forthwith, including ceasing transmissions, until the matter is resolved in accordance with sections 108 to 109A and section 109C.

(4) A notice given under subsection (1) must state—

• (a) the nature of the harmful interference experienced; and

• (b) the alleged cause of the harmful interference and the manner in which the respondent is believed to have caused or contributed to the harmful interference; and

• (c) what action the claimant desires to be taken by the respondent to remedy the harmful interference; and

• (d) that the respondent has 10 working days following the receipt of the notice within which to take 1 of the actions referred to in subsection (5) and that, if the action the claimant wishes to be taken to remedy the harmful interference is not taken within 10 working days following the receipt of the notice, the matter may be referred to arbitration under this section.

(5) Every respondent who receives a notice properly given under subsection (1) must, within 10 working days of receiving that notice,—

• (a) take the action to remedy the harmful interference specified in the notice; or

• (b) notify the claimant that in the respondent's opinion the respondent's transmissions have not caused or contributed to, or are not causing or contributing to, harmful interference to the claimant or that the action specified in the notice which the claimant wishes to be taken to remedy the harmful interference is not justified; or

• (c) agree with the claimant on a method of reaching an agreement to deal with the harmful interference; or

• (d) agree with the claimant to refer the matter to arbitration to be determined in accordance with the Arbitration Act 1996.

(6) If, within 10 working days of a notice being properly given under subsection (1),—

• (a) the action specified in the notice has not been taken; and

• (b) the claimant continues to believe that the respondent's transmissions have caused or contributed to, or are causing or contributing to, harmful interference in the protection area of the claimant, and that the action which is specified in the notice is justified; and

• (c) the claimant and the respondent have not agreed on a method of reaching an agreement to deal with the harmful interference or to refer the matter to arbitration,—

the claimant may, following the expiry of that 10-working day period, by notice in the prescribed form to the Secretary, request the Secretary to refer the matter to arbitration under section 109.

(7) Where the claimant and the respondent agree on a method of reaching an agreement to deal with the harmful interference under subsection (5)(c), but no agreement is reached within 20 working days of a notice properly given under subsection (1), the claimant may, following the expiry of that 20-working day period, by notice in the prescribed form to the Secretary, request the Secretary to refer the matter to arbitration under section 109.

(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.

(1) Article 28(4) of Schedule 1 of the Arbitration Act 1996 does not apply to matters referred to arbitration under section 108(5)(d) or section 109; instead, the arbitral tribunal's decision must seek to balance the reasonable expectations, rights, and duties of the claimant and the respondent or other persons, without compromising public safety, and having regard to—

• (a) the costs and effects of possible alternative solutions; and

• (b) the technical compatibility between the claimant's receiver and the respondent's transmitter as determined by—

  • (i) the nature and characteristics of the rights described in the licences concerned; and

  • (ii) the International Radio Regulations; and

  • (iii) the ITU-R reports and recommendations; and

  • (iv) Annex 10 to the Convention on International Civil Aviation; and

  • (v) the International Convention for the Safety of Life at Sea; and

  • (vi) the nature of the service operated or proposed to be operated under any licences concerned; and

  • (vii) any relevant reference standards issued by the Secretary; and

• (c) which of the licences held by the parties to the dispute was registered or granted first; and

• (d) the desirability of minimising disruption to existing services; and

• (e) the terms of the licences concerned; and

• (f) any other matters prescribed by regulations made under this Act or that the arbitral tribunal considers relevant.

(1A) The arbitral tribunal must not have regard to the reception of radio waves by inappropriate receivers.

(2) Unless a person proceeds as a claimant in accordance with section 106(3), where the claimant is the holder of a radio licence that does not specify an area as a protection area, the arbitral tribunal must determine, from the technical details on the licence, whether the area considered by the claimant as the protection area for that licence is the protection area.

Every person who contravenes a direction given by the Secretary under section 108(3) commits an offence against this Act.

(1) In addition to the powers given to the arbitral tribunal by section 12 of the Arbitration Act 1996, the arbitral tribunal has the power to determine the cause of the harmful interference and has the power to direct the parties to the dispute or the Secretary to take action to reduce or eliminate harmful interference.

(2) Where the arbitral tribunal directs that a spectrum licence or radio licence be modified or amended, then, despite any provision to the contrary in this Act or any spectrum licence, the manager or rightholder in the case of a spectrum licence, or the Secretary in the case of a radio licence, must modify or amend the licence as directed by the arbitral tribunal.

(1) This Part applies to every radio frequency unless or until a record of management rights is registered and the rights have commenced under Part 2 in respect of that radio frequency.

(2) Where a record of management rights is registered and commenced under Part 2 in respect of that radio frequency, this Part continues to apply to emissions on any frequency—

• (a) below the power floor specified for that record of management rights; or

• (b) if no power floor is specified in the record of management rights, below -50dbw.

(3) This Part does not apply to—

• (a) a transmission of radio waves by a rightholder acting in accordance with a rightholder's spectrum licence; or

• (b) a transmission by a person in accordance with a general user spectrum licence.

(1) For the purposes of this section, New Zealand ship includes—

• (a) any New Zealand ship within the meaning of the Crimes Act 1961; and

• (b) any vessel for the time being registered in New Zealand as a ship under the Ship Registration Act 1992.

(2) The Secretary may, in accordance with regulations made under this Part, grant radio licences authorising the transmission of radio waves on the frequencies specified in the radio licence within the territorial limits of New Zealand, or from any New Zealand ship, or from any aircraft registered in New Zealand or providing protection from harmful interference from co-channel emissions.

(3) In addition to the requirements of the regulations, every radio licence must be in such form and for such period, and contain such terms, conditions, and restrictions, as the Secretary thinks fit.

(4) Every licence issued in accordance with regulations made under this Part includes a requirement that any person transmitting under that radio licence must comply with Schedule 1.

(1) In the exercise of his or her functions, duties, and powers under section 111 of this Act or under any regulations made under section 116(1)(a) of this Act, the Secretary shall have regard to the general policy of the Government in relation to the functions, duties, and powers of the Secretary under that section or, as the case may be, those regulations as that policy is communicated to the Secretary from time to time by notice in writing by the Minister, and shall comply with any directions given by the Minister to the Secretary by notice in writing pursuant to such policy.

(2) Nothing in subsection (1) of this section authorises the Minister to give a direction under that subsection in respect of the grant of a particular radio licence.

(3) Without limiting the generality of subsection (1) of this section, but subject to subsection (2) of this section, the Minister may, pursuant to subsection (1) of this section,—

• (a) Give a direction in respect of any particular class or classes of radio licence:

• (b) Direct the Secretary not to issue licences of a particular class or particular classes, either generally or except as may be specified in the direction.

(4) Without limiting the generality of subsection (1) of this section, but subject to subsection (2) of this section, any direction given under subsection (1) of this section may apply in respect of any application for any radio licence, including—

• (a) Applications made before the date of the direction but not dealt with before that date:

• (b) Applications made pursuant to Part 2 of the Telecommunications Act 1987 after the close of the 23rd day of November 1989 but not dealt with before the date of the direction.

(5) Where a notice is given to the Secretary under subsection (1) of this section, the Minister shall, as soon as practicable after the giving of the notice,—

• (a) Publish a copy of it in the Gazette; and

• (b) Lay a copy of it before the House of Representatives.

Every person commits an offence under this Act who transmits radio waves, otherwise than—

• (a) under, or in conformity with, the terms and conditions of a radio licence issued under section 111; or

• (b) in accordance with regulations made under section 116(1)(c) exempting the transmission of radio waves from the need to obtain a radio licence.

(1) For the purposes of section 113, any person who erects, constructs, establishes, maintains, or is in possession of any radio transmitter is presumed to have used the radio transmitter unless and until the contrary is proved.

(2) Where a radio transmitter is temporarily inoperative or has been partially dismantled, that radio transmitter is deemed to be, and to remain, capable of transmitting radiocommunications unless the Secretary is satisfied that the transmitter has been rendered inoperative.

(1) The Governor-General may from time to time, by Order in Council, make regulations governing or prohibiting the use of radio apparatus on merchant ships, or on aircraft, of whatever nationality or registration, or on foreign ships of war or foreign military aircraft, while within the territorial limits of New Zealand.

(2) Any such regulations may prescribe fines, not exceeding $20,000 in any case, for any breach of the regulations and provide for the detention of any merchant ship or civil aircraft on which a breach of the regulations has been made, pending the institution and determination of proceedings in respect of the breach and pending the recovery of any fine imposed in respect of the breach.

(1) The Governor-General may from time to time, by Order in Council, make regulations—

• (a) providing for the making of applications for, and the granting of, radio licences granting to holders the right to transmit radio waves on specified frequencies; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):

• (b) providing for the making of applications for, and the granting of, general user radio licences granting to every person the right to transmit radio waves on any frequency specified in the licence; and providing for the terms and conditions subject to which general user radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):

• (c) authorising the Secretary to grant exemptions from the requirement for a radio licence in respect of the transmission of radio waves using certain radio apparatus, where the Secretary is satisfied that a licence is not required for the efficient and effective management of the radio frequency spectrum:

• (d) requiring, as a condition of a radio licence or a condition of an exemption from the requirement to obtain a radio licence, that every transmission comply with Schedule 1:

• (e) providing for the allocation of radio licences by competitive tender, auction, or by any other means, and for the payment of consideration to the Crown for the allocation:

• (f) providing for the making of applications for, and the granting of, radio licences, providing for the protection from harmful interference from co-channel emissions; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):

• (g) prescribing offences in respect of contraventions of any regulations made under this section.

(2) Without limiting the Acts Interpretation Act 1924, no regulation made under this section shall be invalid because it leaves any matter to the discretion of the Secretary or any other person or because it authorises the Secretary or any other person to give any consent or approval or to set any standard on or subject to conditions to be approved by the Secretary.

(1) Every person is liable in damages for any loss or damage caused by that person engaging in conduct that constitutes any of the following:

• (a) A contravention of section 103 of this Act:

• (b) Aiding, abetting, counselling, or procuring the contravention of that section:

• (c) Inducing by threats, promises, or otherwise the contravention of that section:

• (d) Being in any way directly or indirectly, knowingly concerned in, or party to, the contravention of that section:

• (e) Conspiring with any other person in the contravention of that section.

(2) Any action under subsection (1) of this section may be commenced at any time within 3 years from the time when the cause of action arose.

(1) The High Court may, on the application of the Secretary or of any rightholder affected by the conduct to which the application relates, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute any of the following:

• (a) A contravention of section 103 of this Act:

• (b) Aiding, abetting, counselling, or procuring the contravention of that section:

• (c) Inducing by threats, promises, or otherwise the contravention of that section:

• (d) Being in any way directly or indirectly, knowingly concerned in, or party to, the contravention of that section:

• (e) Conspiring with any other person in the contravention of that section.

(2) The High Court may at any time rescind or vary an injunction granted under this section.

(3) Where an application is made to the High Court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the High Court may,—

• (a) If it is satisfied that the person has engaged in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or

• (b) If in the opinion of the Court it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,—

whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind.

(1) Subject to this section, any employee of the Ministry of Commerce authorised in writing by the Secretary for the purpose, or a constable, may, where there are reasonable grounds for believing that any person has committed or is committing an offence against this Act or against any regulations made under section 134(1)(g) of this Act, at any time in the day or night, enter upon and search any premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place and—

• (a) Inspect and remove any documents in the possession of, or under the control of, any person, and take copies of or extracts from any such documents; and

• (b) Inspect and remove any radio apparatus or interfering equipment in the possession of, or under the control of, any person.

(2) No person shall exercise the powers conferred by subsection (1) of this section unless the person obtains a warrant authorising that person to exercise those powers in accordance with subsection (3) of this section.

(3) Where any District Court Judge, Justice, or Community Magistrate, or any Court Registrar (not being a constable), is satisfied, on application in writing made on oath, that there are reasonable grounds for believing that any person has committed or is committing an offence against this Act, or against any regulations made under section 134(1)(g) of this Act, that District Court Judge, Justice, Community Magistrate, or Court Registrar may, by warrant, authorise an employee of the Ministry of Commerce authorised for the purpose, or a constable, to exercise the powers conferred by subsection (1) of this section in relation to any premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place specified in the warrant.

(1) Every warrant issued under section 120 of this Act shall authorise the person named in the warrant, or any constable, to enter upon and search the premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place specified in the warrant and—

• (a) Inspect and remove any documents in the possession of, or under the control of, any person, and take copies of or extracts from any such documents:

• (b) Inspect and remove any radio apparatus or interfering equipment in the possession of, or under the control of, any person.

(2) Any warrant issued under section 120 of this Act may be executed by the person named in the warrant or by any constable.

(3) Every warrant issued under section 120 of this Act to search any premises, building, aircraft, ship, carriage, vehicle, or place shall authorise the person named in the warrant or any constable at any time within 1 month from the date of the issue of the warrant to enter and search the premises, building, aircraft, ship, carriage, vehicle, or place, with such assistants as may be necessary, and, if necessary, to use force for making entry, whether by breaking open doors or otherwise; and shall authorise any person named in the warrant or any constable to break open any box or receptacle, by force if necessary.

(4) Every warrant issued under section 120 of this Act to search any box or receptacle shall authorise any person named in the warrant or any constable to break open the box or receptacle, by force if necessary.

(5) The power to enter and search any premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place pursuant to a warrant issued under section 120 of this Act may be exercised on one occasion only.

Every person executing any warrant issued under section 120 of this Act—

• (a) Shall have the warrant with him or her; and

• (b) Shall produce it on initial entry and, if requested, at any subsequent time; and

• (c) Shall identify himself or herself to the owner or occupier of the premises, building, or place, or to the owner or person for the time being in charge of the aircraft, ship, carriage, vehicle, box, or receptacle, as the case may require; and

• (d) If he or she is a constable who is not in uniform, shall produce evidence that he or she is a constable; and

• (e) If he or she is not a constable, shall produce evidence of that person's identity.

(1) Every person who executes a warrant issued under section 120 of this Act shall prepare a schedule specifying—

• (a) Any documents that have been removed from the premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place or of which any copies or extracts have been taken:

• (b) Any radio apparatus or interfering equipment that has been removed from the premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place:

• (c) The place from which any such documents or extracts or radio apparatus or interfering equipment have been removed:

• (d) The place where any such documents or extracts or radio apparatus or interfering equipment are held.

(2) A copy of every schedule prepared under subsection (1) of this section shall be given to the occupier or person in charge of the premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place as soon as practicable.

The occupier or person in charge of any premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place that an authorised person enters pursuant to a warrant issued under section 120 of this Act shall provide the authorised person with all reasonable facilities and assistance for the effective exercise of the authorised person's powers.

The Secretary, or any person authorised in writing by the Secretary for the purpose, or any constable, may—

• (a) Inspect and take copies of any documents or extracts therefrom obtained pursuant to a warrant issued under section 120 of this Act; or

• (b) Inspect any radio apparatus or interfering equipment obtained under any such warrant.

Every person commits an offence against this Act who obstructs any authorised person acting pursuant to a warrant issued under section 120 of this Act.

(1) This section applies to every person authorised to enter and search any premises pursuant to a warrant issued under section 120 of this Act.

(2) No proceedings, civil or criminal, shall lie against any person to whom this section applies for anything that person may do or fail to do in the course of the exercise or intended exercise of the person's functions under section 120 or section 121 of this Act, unless it is shown that the person acted in bad faith.

(1) Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is provided elsewhere than in this section shall be liable on summary conviction to a fine not exceeding,—

• (a) In the case of an individual, $30,000:

• (b) In the case of a body corporate, $200,000.

(2) Where an offence is a continuing offence, a further fine of an amount not exceeding $1,000 for every day or part of a day during which the offence has continued may be imposed.

Where any person is alleged to have committed an infringement offence, that person may either—

• (a) be proceeded against for an alleged offence against this Act under the Summary Proceedings Act 1957; or

• (b) be served with an infringement notice as provided for in section 128B.

(1) Where the Secretary or any person duly authorised by the Secretary observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be issued to that person by the Secretary or the authorised person.

(2) An infringement notice may be served—

• (a) by attaching an infringement notice, or a copy of an infringement notice, to the equipment to which the notice relates; or

• (b) by delivering it personally to the person who appears to have committed the infringement offence; or

• (c) by sending it by post addressed to that person at that person's last known place of residence or business.

(3) For the purposes of the Summary Proceedings Act 1957, an infringement notice sent to a person by post under subsection (2)(c) is deemed to have been served on the person when it would have been delivered in the ordinary course of post.

(4) Every infringement notice must be in the prescribed form and must contain the following particulars:

• (a) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence:

• (b) the amount of the infringement fee for that offence:

• (c) the address at which the infringement fee may be paid:

• (d) the time within which the infringement fee must be paid:

• (e) a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:

• (f) a statement that the person served with the notice has the right to request a hearing:

• (g) a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing:

• (h) such other particulars as are prescribed in regulations made under this Act.

(5) Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957.

(1) Where, in any proceedings under section 128 of this Act, the Court finds that a person has committed an offence against this Act, or against any regulations made under this Act, the Court may order any radio apparatus or interfering equipment (being the property of a person convicted under that section) in relation to which the offence has been committed to be forfeited.

(2) Subject to subsection (3) of this section and to any directions of the Court that orders the forfeiture, any such radio apparatus or interfering equipment that is forfeited under subsection (1) of this section may be sold, destroyed, or otherwise disposed of as the Secretary may direct.

(3) Where any radio apparatus or interfering equipment that is forfeited under subsection (1) of this section is sold, the proceeds of the sale shall be applied as if the proceeds were a fine incurred under section 128 of this Act.

(1) The Secretary may from time to time, on application made on the form provided for the purpose by the Secretary, grant to an applicant an approval authorising the applicant to give certificates for the purposes of sections 25, 39, 40, and 57(d).

(2) The Secretary shall not approve a person under subsection (1) of this section unless the person is, by reason of his or her qualifications and experience in radio engineering, a suitable person to give certificates for the purposes of sections 25, 39, 40, and 57D.

(3) Where the Secretary is satisfied that any person approved under subsection (1) of this section is no longer qualified by virtue of subsection (2) of this section to be an approved radio engineer, the Secretary may revoke that person's approval.

(1) The Secretary may, in accordance with regulations made under section 134 of this Act, grant licences for the supply of radio apparatus.

(2) Subject to any such regulations, every such licence shall be in such form and for such period, and shall contain such terms, conditions, and restrictions, as the Secretary thinks fit.

(1) In this section, the term restricted radio apparatus means radio apparatus of any class or classes of radio apparatus the supply of which is, pursuant to regulations made under section 134 of this Act, prohibited except pursuant to a licence or licences granted under this Part of this Act.

(2) Every person commits an offence who, not being the holder of a licence issued under section 131 of this Act authorising that person to do so, supplies, offers to supply, or possesses for supply any restricted radio apparatus.

(1) The Secretary may from time to time, by notice in the Gazette, issue standards or specifications relating to the performance of—

• (a) Any radio apparatus:

• (b) Radio apparatus of any class or classes:

• (c) Any system for the effecting of radiocommunication, whether by transmission or reception, or both.

(2) Any reference standard may be in like manner amended or revoked at any time.

(3) Any reference standard may adopt as a standard or specification any New Zealand Standard within the meaning of the Standards Act 1988, or any specified part of any such New Zealand Standard.

(1) Every person commits an offence against this Act who receives a radiocommunication and who, knowing that the radiocommunication was not intended for that person,—

• (a) makes use of the radiocommunication or any information derived from that radiocommunication; or

• (b) reproduces or causes or permits to be reproduced the radiocommunication or information derived from that radiocommunication; or

• (c) discloses the existence of the radiocommunication.

(2) Subsection (1) does not apply to any radiocommunications intercepted—

• (a) by the Secretary for the purpose of ensuring compliance with this Act; or

• (b) by a member of the police, a Customs officer, or any other class of law enforcement official listed in regulations made under this Act for the purpose of avoiding prejudice to the maintenance of the law, including the detection, prevention, investigation, prosecution, and punishment of offences; or

• (c) by an officer or employee of—

  • (i) the New Zealand Security Intelligence Service, for the purpose of obtaining intelligence relevant to security; or

  • (ii) the Government Communications Security Bureau, for the purpose of obtaining foreign intelligence; or

• (d) by a member of the New Zealand Defence Force, in connection with any of the purposes specified in section 5(a) to (d) of the Defence Act 1990; or

• (e) by a person acting under, and in accordance with, any authority conferred on him or her by or under—

  • (i) Part 1 of the Telecommunications Act 1987; or

  • (ii) the New Zealand Security Intelligence Service Act 1969; or

  • (iia) the Government Communications Security Bureau Act 2003; or

  • (iii) the Misuse of Drugs Amendment Act 1978; or

  • (iv) the International Terrorism (Emergency Powers) Act 1987.

(3) For the purposes of this section,—

• (a) foreign intelligence has the same meaning as in section 4 of the Government Communications Security Bureau Act 2003:

• (b) security has the same meaning as in section 2(1) of the New Zealand Security Intelligence Service Act 1969.

(4) Subsection (2) does not authorise the interception of any private communications within the meaning of section 216A of the Crimes Act 1961.

(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) Prohibiting the supply of radio apparatus of any class or classes except pursuant to a licence or licences granted under section 131 of this Act:

• (b) Providing for the exemption of certain radio apparatus, as determined by the Secretary, from the requirement that the supply of that radio apparatus be licensed, where the Secretary is satisfied that a licence for the supply of that radio apparatus is not required for the efficient and effective management of the radio frequency spectrum:

• (c) Providing for the granting of licences for the supply of radio apparatus to which regulations made under paragraph (a) of this subsection apply and for the terms and conditions subject to which any such licences may be granted, refused, transferred, suspended, or revoked:

• (d) [Repealed]

• (e) providing for examinations to determine the competence of persons wishing to operate radio apparatus and prescribing fees in respect of those examinations; and providing for the issue, revocation, or suspension of certificates of competency in respect of any operations, and for the authorisation by the Secretary of—

  • (i) persons to conduct the examinations; and

  • (ii) persons to issue certificates; and

  • (iii) the content of the examinations; and

  • (iv) the conduct of the examinations:

• (f) Prohibiting the operation of radio apparatus of any class or classes except pursuant to a certificate of competency issued under this Act:

• (g) providing for the prohibition or control of the installation, use, sale, distribution, or manufacture of interfering equipment or susceptible equipment, and for the compulsory recall by a supplier of such equipment or any equipment that does not comply with regulations made under this Act:

• (ga) prescribing search references for access to the Register:

• (gb) prescribing the persons or class of persons to whom information on the Register may be disclosed and the purposes for which the information may be disclosed:

• (gc) prescribing the matters to which an arbitral tribunal must have regard under section 109A:

• (gd) prescribing the classes of persons who may intercept radiocommunications under section 133A:

• (h) Prescribing forms for the purposes of this Act:

• (i) Prescribing requirements for the standardisation of—

  • (i) Technical systems for radiocommunications:

  • (ii) Technical formats for radiocommunications:

• (j) prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this section:

• (ja) prescribing those breaches of regulations made under paragraph (g) that constitute infringement offences against this Act:

• (jb) prescribing the infringement fee (not exceeding $2,000) for each infringement offence:

• (k) Such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

(1A) Different fees and different forms may be prescribed for different infringement offences.

(1B) The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, make regulations declaring receivers of any kind to be inappropriate receivers for the purposes of this Act.

(1C) The Minister may only make a recommendation under subsection (1B) if the Minister is satisfied that the type of receiver concerned will or may compromise the optimal utilisation of the radio frequency spectrum.

(1D) The power to regulate in relation to interfering equipment, susceptible equipment, or other equipment under subsection (1)(g) includes the power to regulate in relation to such equipment that is, or may be, exported from New Zealand pursuant to the Conformity Cooperation Agreement.

(2) Without limiting the Acts Interpretation Act 1924, no regulation made under this section shall be invalid because it leaves any matter to the discretion of the Secretary or any other person or because it authorises the Secretary or any other person to give any consent or approval or to set any standard on or subject to conditions to be approved by the Secretary.

(3) The Conformity Cooperation Agreement (including any amendments made to that agreement in accordance with it) and any standards or rules referred to in the Conformity Cooperation Agreement may be incorporated by reference in regulations made in reliance on subsection (1D).

(4) The provisions of Schedule 8 apply to material incorporated by reference in regulations made in reliance on subsection (1D).

(5) In this section, Conformity Cooperation Agreement means the Agreement between the Government of New Zealand and the Government of the People's Republic of China on Cooperation in the Field of Conformity Assessment in Relation to Electrical and Electronic Equipment and Components, which is Annex 14 of the Free Trade Agreement between the Government of New Zealand and the Government of the People's Republic of China done at Beijing on 7 April 2008.

(1) The Secretary by notice in the Gazette may prescribe any forms (including infringement and reminder notices) that are not otherwise specifically prescribed.

(2) Different forms may be prescribed for different infringement offences.

(1) The Governor-General may from time to time, by Order in Council, make regulations prohibiting broadcasting contrary to international regulations from a ship or installation on the high seas.

(2) Regulations made under subsection (1) of this section may make a breach of the regulations an offence punishable on summary conviction in New Zealand if—

• (a) The ship is a New Zealand ship; or

• (b) The installation is registered in New Zealand; or

• (c) The person engaged in broadcasting is a New Zealand citizen or ordinarily resident in New Zealand; or

• (d) The broadcast can be received in New Zealand; or

• (e) Radiocommunication within the territorial limits of New Zealand is suffering interference.

(3) Regulations made under subsection (1) of this section may prescribe fines, not exceeding $20,000 in any case, for any breach of the regulations and provide for the detention of any ship or installation on which a breach of the regulations is alleged to have occurred or has occurred, pending the institution and determination of proceedings in respect of the breach and pending the recovery of any fine imposed in respect of the breach.

(4) Notwithstanding anything in any other enactment, proceedings for the trial and punishment of any person charged with having committed an offence against regulations made under subsection (1) of this section shall not be instituted in any Court except with the consent of the Attorney-General and on the Attorney-General's certificate that it is expedient that the proceedings should be instituted.

(5) A person alleged to have committed an offence against regulations made under subsection (1) of this section may be arrested or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of proceedings for the offence has not been obtained; but no further or other proceedings shall be taken until that consent has been obtained.

(6) In this section,—

(1) The Governor-General may from time to time, by Order in Council, make regulations prescribing the matters in respect of which fees are payable under this Act; the amounts of those fees or the method by which they are to be assessed; and the persons liable for payment of the fees; and providing for the method of payment of, or the waiver or refund of any such fees by the Secretary or the Registrar.

(2) Without limiting the generality of subsection (1) of this section, any regulations made under this section may make provision for the payment, by managers or rightholders or both (being persons who are broadcasters within the meaning of the Broadcasting Act 1989), of an annual fee payable to the Secretary, which fee may include an amount to cover the costs incurred by the Secretary in respect of measures taken to deal with interference with the reception of broadcast signals.

(1) Any fee that is not paid in accordance with regulations made under this Act, until paid in full, constitutes a debt to the Crown, and may be recovered from the person liable at the suit of the Secretary or the Registrar in any Court of competent jurisdiction.

(2) The Secretary or the Registrar may from time to time enter into agreements or arrangements, on such terms and conditions as the Secretary or the Registrar thinks fit, with any person to collect or assist in collecting any fees payable in accordance with regulations made under this Act.

(3) If a rightholder does not pay any fee relating to a spectrum licence in accordance with regulations made under this Act in full within 6 months of the date the fee is due,—

• (a) the manager of the management rights to which the spectrum licence relates is jointly and severally liable with the rightholder for payment of the unpaid fees; and

• (b) regardless of whether or not the spectrum licence may be cancelled by the manager alone, and independently of any right of the manager to cancel the licence in accordance with section 57A or 57B, the manager may cancel the licence to which the unpaid fees relate by presenting to the Registrar for the purposes of registration a notice in the prescribed form.

(4) Every notice presented under subsection (3) must be accompanied by a statutory declaration from or on behalf of the manager that the rightholder has been served with a copy of the notice in relation to the spectrum licence.

(5) The notice must specify—

• (a) that the spectrum licence is cancelled; and

• (b) the date from which the cancellation is to apply.

Nothing in this Act shall prohibit any person in distress from using any means at that person's disposal to attract attention, indicate the person's position, and obtain assistance.

(1) Subject to subsections (2) and (3) of this section, for the purposes of section 47 of the Commerce Act 1986, management rights in relation to radio frequencies and spectrum licences created under section 48 of this Act shall be deemed to be assets of a business.

(2) Nothing in subsection (1) of this section applies in respect of the acquisition, by the Crown, of the management rights in relation to any radio frequencies where those management rights are acquired by the Crown—

• (a) On the recording, under section 10(2) of this Act, of a record of management rights in relation to the frequencies to which those rights relate; or

• (b) [Repealed]

(3) Nothing in subsection (1) of this section applies in respect of the acquisition, by any person, of any management rights or any spectrum licence, where those management rights or that spectrum licence are or is acquired by that person pursuant to any right conferred on that person by Part 16 of this Act.

(1) Part 2 of the Telecommunications Act 1987, and the Schedule to that Act, are hereby repealed.

(2) The Telecommunications Amendment Act 1988 is hereby consequentially amended by repealing sections 19 to 24.

(3) The enactments specified in Schedule 2 to this Act are hereby amended in the manner indicated in that Schedule.

Every licence granted under Part 2 of the Telecommunications Act 1987 and in force immediately before the commencement of this Act shall be deemed to be a radio licence granted under Part 13 of this Act.

The regulations set out in Schedule 3 to this Act are hereby deemed to have been made pursuant to this Act, and may be amended and revoked accordingly.

Without limiting sections 140 and 141 of this Act, any document made or any thing whatsoever done under any provision of Part 2 of the Telecommunications Act 1987, so far as it is subsisting or in force immediately before the commencement of this Act and could have been made or done under Part 13 of this Act, shall continue and have effect as if it had been made or done under the corresponding provision of Part 13 of this Act.

(1) In sections 145 to 153 of this Act, unless the context otherwise requires,—

(2) For the purposes of the definition of the term gross income in subsection (1) of this section, and without limiting its generality, the amount of any discount or commission paid or allowed or agreed to be paid or allowed by an incumbent to any person in respect of the provision or disposal of programmes, advertisements, or other matter broadcast or intended to be broadcast, or in respect of the provision of any other services that involve the exercise of the rights conferred by any radio licence held by the incumbent or by any spectrum licence of which the incumbent is the rightholder, shall be treated as part of the gross earnings received by the incumbent.

(3) Where—

• (a) An amount, or part of an amount, earned during any financial year by any person, other than an incumbent, by reason of any contract, agreement, or arrangement between an incumbent and that other person relating to the provision or disposal of programmes or advertisements or other matter broadcast or intended to be broadcast, or relating to the provision of any other services that involve the exercise of the rights conferred by any radio licence or any spectrum licence, would, for the purposes of this Part of this Act, if the incumbent and that other person were the same person, form part of the gross income of the incumbent in respect of that financial year; and

• (b) A relationship exists between the incumbent and the other person (whether by reason of any shareholding or of any contract, agreement, or arrangement, or for any other reason) of such a kind that the amount or the part of the amount, as the case may be, should, in the opinion of the Secretary, be treated for the purposes of this Part of this Act as part of the gross income of the incumbent in respect of that financial year,—