Radiocommunications Amendment Act 2006

25 Notice of harmful interference
  • (1) Section 108(2)(a) is amended by omitting subsections (3) to (7) and substituting subsections (5) to (7).

    (2) Section 108 is amended by inserting the following subsections after subsection (2):

    • (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.