There must be—

Each Registrar and Deputy Registrar must be appointed under the Public Service Act 2020 by the Secretary.

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.

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.

Subject to this Act, the register shall be kept in such form as the Registrar considers appropriate.

The register may be in the form of information stored by means of a computer.

The register shall contain—

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.

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

Every application to record in the register a record of management rights in relation to a radio frequency shall be in the prescribed form.

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.

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.

Subject to section 38, 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.

Every record of management rights constituted under section 10(2) 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.

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

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

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.

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.

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

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

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.

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

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.

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

Every application under subsection (1)—

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

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

If any requisition made by the Registrar in respect of any instrument retained for rectification under section 18 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—

Where any instrument is returned as provided in section 18(a), 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).

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

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, the Registrar—

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

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.

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

Where, upon receipt of a request under section 23, 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.

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—

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

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

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.

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

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).

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.

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.

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.

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

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,—

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—

Where—

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.

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

No instrument that purports—

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

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.

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.

The register must be so arranged that it may be searched by—

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

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.

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

Nothing in subsection (1) 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).

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

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.

Nothing in subsection (1) 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).

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.

Upon proof to the satisfaction of the court—

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.

The Registrar shall comply with any order made under subsection (1).

Every registration effected pursuant to an order made under subsection (1) 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,—

Every record of management rights shall specify—

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.

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—

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.

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.

Subject to sections 36 and 37, 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.

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—

Where, pursuant to section 44(1), the Registrar cancels a record of management rights and, pursuant to section 45(1), 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.

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 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.

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.

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—

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) as the date from which the modified adjacent frequencies emission limit or limits is or are to apply.

Where, pursuant to section 44(1), the Registrar cancels a record of management rights and, pursuant to section 45(1), 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,—

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.

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.

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

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.

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.

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

The Registrar, upon cancelling any record of management rights under section 44, shall create—

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

Subject to subsection (3), 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 1 record of management rights relating to all of those ranges of frequencies.

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

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.

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.

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

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

This section applies to a manager if—

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.

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.

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.

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.

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

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.

A spectrum licence is not valid until that licence is registered.

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

Every spectrum licence must specify—

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 applies shall be given a reference number at the time that it is registered, which number shall consist of—

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.

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—

Every transmission by a person who—

is a transmission by the rightholder.

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).

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—

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.

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.

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.

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.

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.

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.

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.

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

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 send to the Registrar, by electronic or other means and for the purposes of registration, a notice in the prescribed form.

The notice must specify—

As soon as practicable after receiving a notice under subsection (1), the Registrar must ensure that the details specified in the notice are sent, by electronic or other means, to 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.

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 send to the Registrar, by electronic or other means and for the purposes of registration, a notice in the prescribed form.

The notice must specify—

As soon as practicable after receiving a notice under subsection (1), the Registrar must ensure that the details specified in the notice are sent, by electronic or other means, to the rightholder.

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.

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

The notice must specify—

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.

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.

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).

Where—

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).

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.

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—

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

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.

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—

Subject to subsection (3), 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.

Subject to subsection (3), 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.

Nothing in subsection (1) or subsection (2) 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—

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,—

This section applies to—

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—

Any person—

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

In this section, unless the context otherwise requires,—

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.

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—

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.

Notice in writing of every action against the Crown under section 61 or section 62, 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.

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.

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—

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.

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.

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

Without limiting section 64, 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 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.

No solicitor shall be held for the purposes of subsection (1) to have acted negligently merely because that solicitor relied on a search copy issued under and for the purposes of section 62 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.

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.

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

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.

Where, pursuant to subsection (1), 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.

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

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

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) may appeal to the High Court against the decision.

An appeal under subsection (1) 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.

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, 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.

Notwithstanding anything in section 68, 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.

In giving any direction under this section, the court shall—

In reconsidering the matter so referred back, the Registrar shall have regard to the court’s reasons for giving a direction under subsection (1), and to the court’s directions under subsection (2).

Every person commits an offence against this Act who—

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.

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.

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

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.

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

by a memorandum in the prescribed form.

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

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.

Notwithstanding anything in section 15, 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.

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:

Subject to section 81, 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.

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—

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

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 serve a copy of the notice on the subsequent mortgagee.

Failure to comply with subsection (1) shall not of itself prevent any of the powers referred to in section 79 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.

Where any notice under section 79(1) 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.

Leave may be granted under subsection (1) 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 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:

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.

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.

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.

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.

Every application under subsection (1) 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.

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

If, on any application under section 87, 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.

Any person—

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

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

No caveat may be lodged pursuant to subsection (1)(a) 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.

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

Subsection (1) shall not prevent the Registrar from making any entry where—

Subsection (1) 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—

In any case to which subsection (3) 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, and is completed to the satisfaction of the Registrar, the Registrar shall give notice of the caveat to—

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.

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—

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.

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.

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.

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

When any caveat lodged under this Part 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 in relation to the frequencies specified in the manager’s record of management rights and in relation to any location in New Zealand.

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.

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.

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.

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

Every rightholder, in exercising rights under section 99, shall comply with—

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

No rightholder, in exercising rights under section 99, 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.

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.

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

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—

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

Nothing in subsection (1) 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—

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.

For the purposes of sections 108 to 109C,—

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).

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.

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.

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

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,—

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

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.

A notice given under subsection (1) must state—

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

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

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.

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.

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

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.

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.

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—

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

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.

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.

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.

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.

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—

This Part does not apply to—

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

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.

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.

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.

In the exercise of his or her functions, duties, and powers under section 111 or under any regulations made under section 116(1)(a), 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.

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

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

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

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

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

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.

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.

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.

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.

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

Without limiting the Interpretation Act 1999, 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.

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

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

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:

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

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,—

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.