38New Licence Allocation Exercise and re-offer of licence

38 New Licence Allocation Exercise and re-offer of licence

(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.

(2) If a Licence Allocation Exercise (the relevant Exercise) is held for a licence, and:

(a) the relevant Exercise is terminated; or

(b) the successful applicant for the licence ceases to be the successful applicant; or

(c) the licence is not allocated to the successful applicant; or

(d) the proposed allocation of the licence is terminated;

the 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.

(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:

(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

(b) Part 4 (other than sections 16, 17, 18 and 23) applies to the new Licence Allocation Exercise; and

(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

(d) an authorised agent for the licence continues to be an authorised agent for the licence; and

(e) the reserve price for the licence remains in force.

(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:

(a) the successful applicant for the licence ceases to be the successful applicant; or

(b) the licence is not allocated to the successful applicant; or

(c) the proposed allocation of the licence is terminated;

the ACMA may re-offer the licence for allocation.

(5) If a licence is to be re-offered:

(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

(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

(c) subject to subsection (6), an authorised agent for the licence continues to be an authorised agent for the licence; and

(d) the application fee and reserve price for the licence remain in force.