27Allocation of licence

27 Allocation of licence

Subject 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.

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.

28 Refunds to unsuccessful applicants and withdrawn applicants

(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.

(2) If an applicant that withdrew, or was taken to have withdrawn, its application paid a deposit, the ACMA must refund the payment no later than 6 months after the Licence Allocation Exercise unless the ACMA has made a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.

Note: Section 43 enables the ACMA to retain a deposit if it is satisfied certain breaches of this Determination have occurred.