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Radiocommunications Act 1989

Transitional provisions - Transitional rights in relation to Schedule 4 frequencies

153: Transferee liable for payments

You could also call this:

"If you get a spectrum licence from someone, you must pay what they owed."

Illustration for Radiocommunications Act 1989

If someone's rights to use a spectrum licence are transferred to you, you will have to make any payments that the original holder would have had to make. You will have to follow the same rules as the original holder, as set out in sections 149 to 152. If the original holder and you are associated, the original holder will have to make the payments, as explained in subpart YB of the Income Tax Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197974.

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Part 16Transitional provisions
Transitional rights in relation to Schedule 4 frequencies

153Transferee liable for payments

  1. Where the rightholder's rights pursuant to a spectrum licence granted to an incumbent pursuant to section 145 are transferred to any other person, any payment that would have been required by section 149 to be made in respect of that spectrum licence by the incumbent if those rights had not been transferred shall be payable by the transferee, and sections 149 to 152 shall apply accordingly as if the transferee were the incumbent.

  2. Notwithstanding anything in subsection (1), where the rightholder's rights pursuant to a spectrum licence granted to an incumbent pursuant to section 145 are transferred to any other person, and the incumbent and the transferee are associated persons within the meaning of subpart YB of the Income Tax Act 2007, any payment that would have been required by subsection (1) to be made in respect of that spectrum licence by the transferee shall be payable by the incumbent as if those rights had not been transferred.

Notes
  • Section 153(1): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).
  • Section 153(2): amended, on , by section 861 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).
  • Section 153(2): amended, on (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).
  • Section 153(2): amended, on , by section 54 of the Radiocommunications Amendment Act 2000 (2000 No 8).