{"id":"F2018L00366","name":"Commercial Broadcasting Licence Allocation Determination 2018","slug":"commercial-broadcasting-licence-allocation-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99938,"registerId":"commonwealth-F2018L00366-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of the Commercial Broadcasting Licence Allocation Determination No.1 of 1998","content":"#### 4 Repeal of the Commercial Broadcasting Licence Allocation Determination No.1 of 1998","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Forms","content":"#### 7 Forms","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application fee","content":"#### 8 Application fee","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Reserve price","content":"#### 11 Reserve price","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Payment of amounts","content":"#### 12 Payment of amounts","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Applications","content":"#### 13 Applications","sortOrder":10},{"sectionNumber":"15","sectionType":"section","heading":"Registration of applicants","content":"#### 15 Registration of applicants","sortOrder":11},{"sectionNumber":"16","sectionType":"section","heading":"Application of this Part","content":"#### 16 Application of this Part","sortOrder":12},{"sectionNumber":"17","sectionType":"section","heading":"Licence Allocation Exercise to be conducted","content":"#### 17 Licence Allocation Exercise to be conducted","sortOrder":13},{"sectionNumber":"18","sectionType":"section","heading":"Notice of Licence Allocation Exercise","content":"#### 18 Notice of Licence Allocation Exercise","sortOrder":14},{"sectionNumber":"19","sectionType":"section","heading":"Withdrawal of application","content":"#### 19 Withdrawal of application","sortOrder":15},{"sectionNumber":"20","sectionType":"section","heading":"Part 5 applies if all but one of the registered applicants withdraw before the Licence Allocation Exercise starts","content":"#### 20 Part 5 applies if all but one of the registered applicants withdraw before the Licence Allocation Exercise starts","sortOrder":16},{"sectionNumber":"21","sectionType":"section","heading":"Who may bid at a Licence Allocation Exercise?","content":"#### 21 Who may bid at a Licence Allocation Exercise?","sortOrder":17},{"sectionNumber":"22","sectionType":"section","heading":"Bidding","content":"#### 22 Bidding","sortOrder":18},{"sectionNumber":"23","sectionType":"section","heading":"Telephone bidding","content":"#### 23 Telephone bidding","sortOrder":19},{"sectionNumber":"24","sectionType":"section","heading":"Notice to successful applicant","content":"#### 24 Notice to successful applicant","sortOrder":20},{"sectionNumber":"27","sectionType":"section","heading":"Allocation of licence","content":"#### 27 Allocation of licence\n\nSubject to section 36, the ACMA must allocate the licence to the successful applicant as soon as reasonably practicable after the successful applicant has complied with section 25.\n\nNote: Section 102 of the Radiocommunications Act 1992 provides that the ACMA must issue transmitter licences that authorise the operation of one or more radiocommunications transmitters for transmitting the commercial broadcasting service authorised by a licence allocated under Part 4 or 6 of the Broadcasting Services Act 1992. Under the Commercial Broadcasting (Tax) Act 2017, a tax is imposed on the issue and anniversary of the coming into force of transmitter licences used in connection with a commercial broadcasting service. The tax is payable by the holder of the licence.\n\n28 Refunds to unsuccessful applicants and withdrawn applicants\n\n    (1) If an unsuccessful applicant paid a deposit, the ACMA must refund the payment no later than 6 months after the Licence Allocation Exercise unless the ACMA has made a decision to retain the deposit under section 43.\n\n    (2) If an applicant that withdrew, or was taken to have withdrawn, its application paid a deposit, the ACMA must refund the payment no later than 6 months after the Licence Allocation Exercise unless the ACMA has made a decision to retain the deposit under section 43.\n\nNote: Section 43 enables the ACMA to retain a deposit if it is satisfied certain breaches of this Determination have occurred.","sortOrder":21},{"sectionNumber":"29","sectionType":"section","heading":"Application of this Part","content":"#### 29 Application of this Part","sortOrder":22},{"sectionNumber":"31","sectionType":"section","heading":"Notice to successful applicant","content":"#### 31 Notice to successful applicant","sortOrder":23},{"sectionNumber":"34","sectionType":"section","heading":"Allocation of licence","content":"#### 34 Allocation of licence\n\nSubject to section 36, the ACMA must allocate the licence to the successful applicant as soon as reasonably practicable after the successful applicant has complied with section 32.\n\n> Note: Section 102 of the Radiocommunications Act 1992 provides that the ACMA must issue transmitter licences that authorise the operation of one or more radiocommunications transmitters for transmitting the commercial broadcasting service authorised by a licence allocated under Part 4 or 6 of the Broadcasting Services Act 1992. Under the Commercial Broadcasting (Tax) Act 2017, a tax is imposed on the issue and anniversary of the coming into force of transmitter licences used in connection with a commercial broadcasting service. The tax is payable by the holder of the licence.","sortOrder":24},{"sectionNumber":"36","sectionType":"section","heading":"Termination of proposed allocation of a licence","content":"#### 36 Termination of proposed allocation of a licence\n\nThe ACMA may terminate a proposed allocation of a licence at any time before the licence is issued.","sortOrder":25},{"sectionNumber":"37","sectionType":"section","heading":"Refund of deposit, reserve price and winning price","content":"#### 37 Refund of deposit, reserve price and winning price\n\nIf the ACMA terminates a proposed allocation of a licence, the ACMA must refund:\n\n(a) any part of the deposit paid under paragraph 13(2)(f);\n\n(b) any part of the balance of the winning price for the licence paid under section 25; and\n\n(c) any part of the balance of the reserve price for the licence paid under section 32.","sortOrder":26},{"sectionNumber":"38","sectionType":"section","heading":"New Licence Allocation Exercise and re-offer of licence","content":"#### 38 New Licence Allocation Exercise and re-offer of licence\n\n(1) If, at the closing date and time for applications for a licence included in a notice published under subsection 38(1) of the Broadcasting Services Act 1992, there are no registered applicants for the licence, the ACMA may re-offer the licence for allocation.\n\n(2) If a Licence Allocation Exercise (the relevant Exercise) is held for a licence, and:\n\n(a) the relevant Exercise is terminated; or\n\n(b) the successful applicant for the licence ceases to be the successful applicant; or\n\n(c) the licence is not allocated to the successful applicant; or\n\n(d) the proposed allocation of the licence is terminated;\n\nthe ACMA may hold a new Licence Allocation Exercise for the licence on the same day as the relevant Exercise, or may re-offer the licence for allocation.\n\n(3) If, under subsection (2), a new Licence Allocation Exercise is to be held for the licence on the same day as the relevant Exercise:\n\n(a) the ACMA must announce publicly (at the place where the relevant Exercise was held) the time when, and the place where, the new Licence Allocation Exercise is to be held; and\n\n(b) Part 4 (other than sections 16, 17, 18 and 23) applies to the new Licence Allocation Exercise; and\n\n(c) a registered applicant for the licence continues to be a registered applicant for the licence, and is not required to re-apply or pay another application fee; and\n\n(d) an authorised agent for the licence continues to be an authorised agent for the licence; and\n\n(e) the reserve price for the licence remains in force.\n\n(4) If Part 5 applies to the proposed allocation of a licence included in a notice published under subsection 38(1) of the Broadcasting Services Act 1992, and:\n\n(a) the successful applicant for the licence ceases to be the successful applicant; or\n\n(b) the licence is not allocated to the successful applicant; or\n\n(c) the proposed allocation of the licence is terminated;\n\nthe ACMA may re-offer the licence for allocation.\n\n(5) If a licence is to be re-offered:\n\n(a) subject to paragraphs (b) and (c), sections 13 and 15 must be complied with as if the licence had not previously been offered; and\n\n(b) subject to subsection (6), a registered applicant for the licence continues to be a registered applicant for the licence, and is not required to re-apply or pay another application fee; and\n\n(c) subject to subsection (6), an authorised agent for the licence continues to be an authorised agent for the licence; and\n\n(d) the application fee and reserve price for the licence remain in force.\n\n(6) If a licence is to be re-offered because neither the successful applicant (former successful applicant) nor its authorised agents complied with section 25 or section 32:\n\n(a) the former successful applicant does not continue to be a registered applicant for the licence;\n\n(b) an authorised agent of the former successful applicant does not continue to be an authorised agent for that licence in relation to that applicant; and\n\n(c) the former successful applicant may not apply for the licence under section 13.","sortOrder":27},{"sectionNumber":"39","sectionType":"section","heading":"Extension of time","content":"#### 39 Extension of time\n\n(1) The ACMA may extend the period in which an applicant is required to do any thing required by this Determination, whether or not the period has expired.\n\n(2) If the day for doing any thing under this Determination is not a business day, the thing is to be done on the next business day following that day.\n\n> Note: A business day is defined in section 5.","sortOrder":28},{"sectionNumber":"40","sectionType":"section","heading":"Notices","content":"#### 40 Notices\n\n(1) A notice to be given to an applicant by the ACMA is taken, for all purposes, to have been given to the applicant if it is given to a person specified by the applicant in its Form of Application as a contact person to whom notices may be given.\n\n(2) A notice must be in writing, and may be given by means of facsimile transmission or email.","sortOrder":29},{"sectionNumber":"41","sectionType":"section","heading":"Lodgement","content":"#### 41 Lodgement\n\nThe ACMA must specify in writing the place where, and the manner in which, a form must be lodged.\n\n> Note: The ACMA may specify these matters in a written notice or other material supplied by the ACMA to a person.","sortOrder":30},{"sectionNumber":"42","sectionType":"section","heading":"Liability of person for failure to comply","content":"#### 42 Liability of person for failure to comply\n\nThis Determination does not affect any right of the ACMA to recover damages (including damages of an amount greater than the amount of the highest bid) from a successful applicant, or any other person, for a failure by the successful applicant, or its authorised agent, to comply with section 25 or 32.\n\n43 Retention of deposit or enforcement of deed for breach of procedures\n\n  (1) The ACMA on behalf of the Commonwealth may retain a deposit made by an applicant, or enforce a deed of financial security given by an applicant; if:\n\n(a) the ACMA is satisfied that:\n\n    (i) the applicant or a related person of the applicant, breached a provision of this Determination; and\n\n    (ii) the breach affected, or may have affected, the outcome of the allocation process; or\n\n(b) the applicant is a successful applicant who failed to pay the balance of the winning price as required under section 25; or\n\n(c) the applicant failed to pay the balance of the reserve price as required under section 32; or\n\n(d) the applicant or authorised agent failed to comply with a requirement in a notice given under subsection 35(1).\n\n(2) The ACMA must notify the applicant, in writing, of a decision under subsection (1) and the nature of the breach or failure before the later of:\n\n(a) 6 months after the end of the Licence Allocation Exercise; and\n\n(b) 6 months after the day on which the breach or failure mentioned in subsection (1) occurred.\n\n(3) A deposit retained under this section, or an amount obtained through enforcement of a deed of financial security, is forfeited to the Commonwealth unless the Federal Court orders the return of the amount under section 45.\n\n44 Effect of retention on successful applicants\n\nIf the ACMA makes a decision under subsection 43(1) in relation to a successful applicant, the ACMA must not allocate the relevant commercial broadcasting licence to the successful applicant.\n\n45 Application to Federal Court for return of retained amount\n\n(1) An applicant who has been notified by the ACMA under subsection 43(2) may, within one year of receiving the notice, apply to the Federal Court for return of all or part of a deposit or an amount secured by a deed of financial security.\n\n(2) On application, the Federal Court may:\n\n(a) if the Court is not satisfied that the applicant or authorised agent committed the breach or failure identified in the notice given by the ACMA – order the return of all the amount retained by the ACMA; or\n\n(b) if the Court is satisfied that the applicant or authorised agent committed the breach or failure, but considers that it would be disproportionate for the full amount to be retained – order the return of part of the amount retained by the ACMA.\n\n(3) This section does not enable the Federal Court to order that a commercial broadcasting licence be allocated to an applicant.\n\n(4) This section does not remove any existing jurisdiction of a court.\n\n46 Liability of ACMA and the Commonwealth\n\nNeither the ACMA nor the Commonwealth is liable to pay damages or costs arising from an act or omission of any person in relation to the procedures set out in this Determination.\n\n47 Other rights not affected\n\nThis Determination does not limit any other right of action or remedy which the ACMA or the Commonwealth has against a person.","sortOrder":31}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing procedural rules for broadcasting licence auctions. While it includes detailed contingency provisions for failed allocations and re-offers, these are procedural elaborations rather than scope expansion beyond the core function of licence allocation."},"complexity_factors":["Multiple overlapping pathways for licence allocation (competitive auction vs single-applicant process)","Extensive cross-referencing between Parts 4 and 5 (auction procedures vs post-auction allocation)","Conditional logic for re-offering licences with 6 different scenarios in section 38","Nested exceptions in section 38(6) excluding former successful applicants who failed to pay","Interaction with three separate Acts (Broadcasting Services Act 1992, Radiocommunications Act 1992, Commercial Broadcasting (Tax) Act 2017)","Multiple financial instruments (deposits, reserve prices, winning prices, deeds of financial security) with different retention/enforcement rules","Time-bound procedural requirements with extension powers (section 39) and business day calculations","Federal Court appeal mechanism with discretionary remedies (section 45)"],"plain_english_summary":"This law sets rules for the ACMA to allocate commercial TV and radio licences by competitive auction or, if only one applicant remains, by non‑competitive allocation. It covers applications, fees, deposits, reserve prices, bidding methods, and consequences if a winning bidder fails to pay.\n\nIt affects media companies seeking licences, the ACMA as regulator, and the public by promoting transparent, market‑based use of scarce broadcast spectrum."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Section 4 repeals the earlier Commercial Broadcasting Licence Allocation Determination No.1 of 1998, replacing it with the procedural framework set out in this instrument. The Determination therefore alters the governing allocation rules and consolidates procedures on applications, payments, ACMA termination/retention powers and re-offer mechanics (see section 4 and the procedural provisions throughout Parts 4–6)."},"complexity_factors":["Multiple procedural stages (application, registration, bidding, allocation, issuance) with interdependent timing and payment steps (see sections 13, 15, 22, 27, 34).","Financial mechanics: deposits, reserve price, balance payments, refunds and time limits for refunds (sections 8, 11, 12, 25, 28).","Significant ACMA discretion to terminate proposed allocations (section 36) and to retain deposits or enforce deeds where breaches affected the outcome (section 43).","Re-offer and repeat-exercise rules that preserve or alter registration, fees and reserve prices depending on circumstances (section 38).","Enforcement and remedies structure: ACMA civil recovery of damages (section 42), forfeiture to Commonwealth (section 43(3)), and limited Federal Court review of retained amounts but not allocation itself (section 45(3)).","Administrative detail on notices, lodgement, extension of time and contact procedures that create compliance burdens (sections 39–41).","Cross-references to other legislation and instruments (e.g. Radiocommunications Act 1992, Commercial Broadcasting (Tax) Act 2017; see notes under sections 27 and 34) increase interpretive complexity."],"plain_english_summary":"Sets out how the ACMA runs allocation processes for commercial broadcasting licences: how to apply, fees and deposits, reserve and winning prices, bidding (including by phone), allocation, refunds, re‑offers and termination. It governs who may bid, payment and refund timelines, and procedural notices. \n\nAffects licence applicants, authorised agents, successful bidders and the ACMA. It creates concrete financial obligations and risks (deposits, reserve/winning prices) and gives ACMA powers to terminate allocations and retain deposits (sections 36, 43); applicants may seek recovery of retained amounts in the Federal Court (section 45)."}},"importantCases":[],"_links":{"self":"/api/acts/commercial-broadcasting-licence-allocation-determination-2018","history":"/api/acts/commercial-broadcasting-licence-allocation-determination-2018/history","analysis":"/api/acts/commercial-broadcasting-licence-allocation-determination-2018/analysis","conflicts":"/api/acts/commercial-broadcasting-licence-allocation-determination-2018/conflicts","importantCases":"/api/acts/commercial-broadcasting-licence-allocation-determination-2018/important-cases","documents":"/api/acts/commercial-broadcasting-licence-allocation-determination-2018/documents"}}