Radiocommunications Amendment Act 2006

27 Matters relevant to arbitration
  • Section 109A is amended by repealing subsection (1) and substituting the following subsections:

    • (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.