Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995

PART 1—INTRODUCTION

Citation

1. This Determination may be cited as the Radiocommunications (Allocation of Multipoint Distribution Station Licences—Regional Licences) Determination No. 1 of 1995.

Commencement

1A. This Determination commences on 6 April 1995.

Interpretation

2. (1) In this Determination, unless the contrary intention appears:

“agreed Transmitter Proposal” has the same meaning as in the Radiocommunications (Coordination) Regulations;

“allocation period” means a period referred to in paragraph 19 (1) (a);

“Applicant Registration Form” means the document approved by the SMA under paragraph 7 (1) (a);

“area” means an area described in an item in Schedule 1;

“bank cheque” means a bank cheque issued by a bank licensed to operate in Australia;

“bid co-ordinator” means a person appointed under clause 18;

“Bidder Identification Form” means the document approved by the SMA under paragraph 7 (1) (b);

“Bidder’s Acknowledgment” means the document approved by the SMA under paragraph 7 (1) (e);

“bid price” means the amount bid by or on behalf of a nominated applicant for the purposes of subclause 22 (4);

“channel”, in relation to an area, means a frequency sub-band referred to in the item in Schedule 2 that relates to the area;

“cheque” means a cheque issued by a bank licensed to operate in Australia;

“closing day” means the day identified as the last day on which a person may give the SMA an Applicant Registration Form in the notice published by the SMA under subclause 4 (1) or (2);

“company” means:

(a) a company within the meaning of the Corporations Law; or

(b) a foreign corporation within the meaning of the Constitution;

“Deed of Guarantee” means the document approved by the SMA under subclause 7 (3);

“Form of Authority” means the document approved by the SMA under clause 7 (1) (c);

“grid reference” means an Australian Map Grid reference;

“group” means a group of channels within the meaning of the Multipoint Distribution System Band Plan:

(a) made on 9 June 1988; and

(b) as in force on the day on which this Determination commences;

“licence” means an MDS licence that authorises the holder of the licence to operate 1 or more transmitters on a channel in an area;

“Licence Contract” means the document approved by the SMA under subclause 7 (2);

“lone applicant” means a person who is the only applicant whom the SMA registers as a registered applicant in relation to an area;

“MDS licence” has the same meaning as in the Radiocommunications (Definitions) Determination No. 2 of 1993, as in force on 6 April 1995;

“nominated applicant” means an applicant referred to in clause 17 or subclause 22 (4);

“Notice of Unpaid Reserve Price” means the document approved by the SMA under paragraph 7 (1) (d);

“registered applicant” means an applicant who is registered under clause 10;

“registered bidder” means an individual who is registered under clause 21;

“reserve price”, in relation to a licence, means the amount decided for the licence by the SMA under clause 5;

“the Act” means the Radiocommunications Act 1992;

“the Guidelines” means Radiocommunications (Multipoint Distribution Station Licences—Regional Licences) Guidelines No. 1 of 1995, as in force on 6 April 1995;

“transmitter” includes a station used for the reception and automatic retransmission of radio transmissions from another station the operation of which is authorised by an MDS licence.

(2) Unless the contrary intention appears, an expression that is:

(a) defined in the Radiocommunications Regulations; and

(b) used in this Determination;

has the meaning given by those Regulations.

(3) A note that is used in this Determination does not form part of the Determination.

Application of the Determination

3. (1) This Determination applies to the allocation and issue of a licence.

(2) This Determination does not apply to:

(a) an application for the issue or renewal of a licence in relation to a transmitter that the applicant is authorised to operate under a licence that:

(i) was issued under this Determination, or under the Act; and

(ii) is in force on the day on which the application is made; or

(b) an application by a person, to whom a licence has been issued under this Determination, for the issue of a licence to operate a transmitter or transmitters on a channel at a location outside an area.

Note: [NOTE: This Determination may cease to apply to the allocation and issue of a licence in certain circumstances: see subclauses 16 (7), 24 (8) and 26 (5).]

PART 2—PREPARATIONS FOR THE ALLOCATION OF LICENCES

Publication of invitation and other information

4. (1) The SMA must publish, in relation to an allocation, the following information in a newspaper circulating nationally in Australia:

(a) an invitation to apply for licences by registering as an applicant for licences in at least one area;

(b) notice of the last day on which a person may give the SMA an Applicant Registration Form;

(c) details of how to obtain forms that are necessary for taking part in the allocation process;

(d) details of:

(i) the application fee to be paid by an applicant; and

(ii) the form in which the fee must be paid; and

(iii) the last day on which, subject to subclause 10 (5), the fee is payable;

(e) a statement that licences will be allocated in accordance with the system set out in this Determination;

(f) the address of the SMA to which documents must be sent.

(2) If a matter referred to in subclause (1) is changed, the SMA must publish details of the change in a newspaper circulating nationally in Australia.

(3) The SMA may:

(a) publish the material referred to in subclause (1) in other places; and

(b) publish other information relating to the allocation of a licence.

Note: [NOTE: It is the responsibility of an applicant to be familiar with all relevant legislation, including the Act, Regulations under the Act and determinations and guidelines made under the Act.]

Reserve prices

5. The SMA may, in writing, decide that an amount is the reserve price for a licence.

Application fee

6. (1) The SMA must, in writing, decide that an amount is:

(a) the fee for an application for a licence; or

(b) the single fee for any number of applications for licences made by one person in relation to an area.

(2) In deciding the amount of the application fee, the SMA must take into account its administrative costs in allocating licences under this Determination, including the likely costs of the allocation of the licences.

Approval of forms and notices

7. (1) The SMA must approve, in writing, the following documents:

(a) an Applicant Registration Form for the purposes of paragraph 8 (2) (a); and

(b) a Bidder Identification Form for the purposes of clause 11;

(c) a Form of Authority for the purposes of clause 8 (2) (c);

(d) a Notice of Unpaid Reserve Price for the purposes of subclause 15 (2), that includes statements to the effect that:

(i) an amount paid by a lone applicant under paragraph 14 (1) (b) is less than:

(A) if the lone applicant has applied for 1 licence—the amount of the reserve price decided for the licence; or

(B) if the lone applicant has applied for more than 1 licence—the total amount of the reserve prices decided for all licences identified by the lone applicant; and

(ii) the lone applicant may pay the unpaid amount no later than the day set out in the notice;

(e) a document, to be called the Bidder’s Acknowledgment, for the purposes of paragraph 21 (3) (c), that includes a statement to the effect that an individual who wishes to be registered as a bidder acknowledges that the individual has agreed to act for a particular applicant:

(i) in accordance with this Determination; and

(ii) in the manner set out in the document;

(f) a document, to be called a Transmitter Proposal, for the purposes of subclauses 30 (2), 31 (2) and (3).

(2) The SMA must approve, in writing, a document to be called the Licence Contract that includes statements to the effect that:

(a) the applicant to whom the Licence Contract relates has applied for a licence in reliance on the applicant’s judgement and investigations; and

(b) the applicant acknowledges that the applicant will only be issued with a licence in accordance with this Determination and after payment of:

(i) the amount required under Part 4; or

(ii) the full bid price;

as the case requires; and

(c) the applicant acknowledges that the applicant is subject to this Determination and to the terms and conditions of the Licence Contract.

(3) The SMA must approve, in writing, a document, to be called the Deed of Guarantee, that includes a statement to the effect that the guarantor named in the Deed, and who executes the Deed, guarantees to pay to the SMA, in the circumstances described in the Deed:

(a) an amount equal to a deposit that is required to be tendered under paragraph 23 (2) (c); and

(b) an amount of damages referred to in subclause 27 (2) or (3).

Note: [NOTE: Subclauses 9 (4) and (5) identify the persons who may be named as guarantor in a Deed of Guarantee.]

(4) The SMA must approve, in writing, a document, to be called a Transmitter Proposal, that includes:

(a) a statement to the effect that each nominated applicant that completes the Proposal proposes to operate the transmitters described by the applicant in the Proposal; and

(b) a statement to the effect that each nominated applicant that completes the Proposal proposes to operate those transmitters in the manner set out in the Proposal; and

(c) details of:

(i) the proposed location of each transmitter; and

(ii) the proposed power levels of each transmitter; and

(iii) the proposed antennae characteristics of each transmitter.

PART 3—REGISTRATION OF APPLICANTS

Applicant registration

8. (1) A licence must only be issued to a person whose name is on a register maintained by the SMA.

(2) The person may seek registration by giving the SMA, no later than 4 p.m. Australian Eastern Standard Time on the closing day that relates to the application for the relevant licence:

(a) a completed and legible Applicant Registration Form; and

(b) in the case of a company that is required, under clause 9, to give the SMA a Deed of Guarantee—a completed and legible Deed of Guarantee; and

(c) a completed and legible Form of Authority for each individual (if any) whom the person wishes to represent the person in the allocation process; and

(d) a bank cheque for the amount of the application fee decided by the SMA under subclause 6 (1).

(3) The documents to be given under subclause (2) must be given to the SMA at the SMA’s address referred to in a notice published under subclause 4 (1) or (2).

(4) In complying with subclause (2):

(a) if the person is an individual—the person must sign each document; and

(b) if the person is a company—the seal of the company must be duly affixed to each document; and

(c) if the person is not an individual or a company—the person must duly execute each document; and

(d) if persons jointly apply—each person must sign or otherwise duly execute each document; and

(e) a person that is not an individual must give the SMA at least one Form of Authority.

(5) For the avoidance of doubt, a document given to the SMA by a person must have on it the person’s original signature or other means of execution.

Requirements for giving a Deed of Guarantee

9. (1) A company (other than a foreign company) that wishes to be issued with a licence must give the SMA a Deed of Guarantee unless:

(a) the company satisfies the SMA that the company has a paid-up capital of a value of at least $5,000,000 in Australian currency; or

(b) the company satisfies the SMA that the company is an authority of the Commonwealth, a State or a Territory; or

(c) the company satisfies the SMA that the company is a subsidiary, within the meaning of the Corporations Law, of an authority of the Commonwealth, a State or a Territory; or

(d) the SMA decides, under paragraph (2) (a), that the company is not required to give the SMA a Deed of Guarantee.

(2) If a company (other than a foreign company) satisfies the SMA that it does not carry on business for profit, the SMA:

(a) may decide that the company is not required to give the SMA a Deed of Guarantee; and

(b) must, as soon as practicable after making the decision, tell the company, in writing, of the decision.

(3) A foreign company that wishes to be issued with a licence must give the SMA a Deed of Guarantee.

(4) A Deed of Guarantee must be executed by the person named in the Deed as the guarantor.

(5) If a company gives the SMA a Deed of Guarantee that is executed by an individual as the guarantor, the company must satisfy the SMA that the guarantor is a director of the company that wishes to be issued with the licence.

(6) If a company gives the SMA a Deed of Guarantee that is not executed by an individual as the guarantor, the company must satisfy the SMA that the guarantor is:

(a) a company (other than a foreign company) that has a paid-up capital of a value of at least $5,000,000 in Australian currency; or

(b) a body corporate established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or

(c) a body corporate:

(i) incorporated under a law of the Commonwealth, a State or a Territory; and

(ii) in which the Commonwealth, a State or a Territory has a controlling interest.

Registration of applicant by SMA

10. (1) The SMA must register a person who seeks registration if:

(a) the person complies with clause 8; and

(b) the SMA is satisfied that the guarantor named in a Deed of Guarantee (if required) is a person or an authority referred to in subclause 9 (5) or paragraph 9 (6) (a), (b) or (c); and

(c) the Applicant Registration Form states that, in the period of 2 years immediately before the person gives the SMA the Applicant Registration Form, the person has not held an apparatus licence, issued under the Act or the Radiocommunications Act 1983, that has been cancelled otherwise than by the operation of section 307 of the Act (which deals with the surrender of licences).

(2) The SMA must register a person who seeks registration, and who has not complied with paragraph 8 (2) (d), if:

(a) the person complies with:

(i) clause 8 (other than paragraph 8 (2) (d)); and

(ii) subclause (5); and

(b) the SMA is satisfied that the guarantor named in a Deed of Guarantee (if required) is a person or an authority referred to in subclause 9 (5) or paragraph 9 (6) (a), (b) or (c); and

(c) the Applicant Registration Form states that, in the period of 2 years immediately before the person gives the SMA the Applicant Registration Form, the person has not held an apparatus licence, issued under the Act or the Radiocommunications Act 1983, that has been cancelled otherwise than by the operation of section 307 of the Act (which deals with the surrender of licences).

(3) The SMA must not register a person who seeks registration in circumstances other than those described in subclauses (1) and (2).

(4) If:

(a) a person who seeks registration pays the SMA an amount, as an application fee, before the end of the closing day; and

(b) the amount is less than the amount of the application fee decided by the SMA under subclause 6 (1);

the SMA must, as soon as practicable after establishing that the amount is less than the amount of the application fee, tell the person that the amount is less than the amount of the application fee.

(5) A person to whom subclause (4) applies must pay the SMA the balance of the application fee before the end of:

(a) 7 days after the day on which the SMA told the person that the amount originally paid by the person is less than the amount of the application fee; or

(b) 7 days after the closing day;

whichever occurs later.

(6) If the SMA includes in the register the name of a person who:

(a) does not comply with clause 8; or

(b) does not comply with:

(i) clause 8 (other than paragraph 8 (2) (d)); and

(ii) subclause (5); or

(c) satisfies the SMA, by a false or misleading representation, that it is not required to give the SMA a Deed of Guarantee; or

(d) satisfies the SMA, by a false or misleading representation, that the guarantor named in the Deed of Guarantee (if required) is a person or an authority referred to in subclause 9 (5) or paragraph 9 (6) (a), (b) or (c); or

(e) falsely makes the statement referred to in paragraph (1) (c) or (2) (c);

the inclusion of the person’s name has no effect.

(7) The SMA may maintain the register in electronic form.

Distribution of Bidder Identification Forms

11. (1) If a registered applicant is an individual, the SMA must make available to the applicant:

(a) a Bidder Identification Form for the applicant; and

(b) a Bidder Identification Form for each individual (if any) for whom the applicant provided a Form of Authority (other than a Form of Authority that the SMA does not accept for the purposes of subclause 12 (3)).

(2) If a registered applicant is not an individual, the SMA must make available to the applicant a Bidder Identification Form for each individual for whom the applicant provided a Form of Authority (other than a Form of Authority that the SMA does not accept for the purposes of subclause 12 (3)).

(3) The SMA may, at any time, replace a Bidder Identification Form that it has issued if it is satisfied that the Form it issued has been lost, destroyed or cannot reasonably be made available to the SMA.

Lodgment of Form of Authority in special circumstances

12. (1) This clause applies if:

(a) a registered applicant wishes to have an individual represent the applicant in an allocation period; and

(b) the individual is not a person for whom the applicant has given the SMA a Form of Authority under paragraph 8 (2) (c).

(2) The applicant must:

(a) give the SMA a completed and legible Form of Authority for the individual no later than 4 p.m. Australian Eastern Standard Time 2 business days before the first day of the relevant allocation period; and

(b) if the applicant is an individual—sign the Form; and

(c) if the applicant is a company—duly affix the seal of the company on the Form; and

(d) if the applicant is not an individual or a company—duly execute the Form; and

(e) if applicants jointly apply—sign or otherwise duly execute the Form; and

(f) include with the Form of Authority the reason, in writing, for not having given the SMA a Form of Authority for the individual in accordance with subclause 8 (2).

(3) The SMA must accept the Form of Authority if it considers that it was not given to the SMA in accordance with subclause 8 (2) because of special circumstances.

(4) For the avoidance of doubt, a Form of Authority given to the SMA by a registered applicant must have on it the applicant’s original signature or other means of execution.

PART 4—CONDUCT OF THE ALLOCATION SYSTEM IF THERE IS A LONE APPLICANT

Notification of lone applicant

13. (1) If the SMA registers only 1 person as an applicant for licences in an area, the SMA must, as soon as practicable after the closing day, give the applicant a Licence Contract for each licence in the relevant area.

(2) If a person becomes a lone applicant in accordance with subclause 21 (8), or is to be treated as a lone applicant in accordance with subclause 24 (7), the SMA must, as soon as practicable after the person becomes a lone applicant, give the person a Licence Contract for each licence in the relevant area.

Nomination of licences by lone applicant

14. (1) A lone applicant who has been given a Licence Contract:

(a) may give the SMA a completed Licence Contract for each licence with which the lone applicant wishes to be issued; and

(b) must give the SMA a bank cheque, in Australian currency, for the total amount of the reserve prices for the licences with which the lone applicant wishes to be issued.

(2) Subject to clauses 15 and 16, the lone applicant must give the completed Licence Contract, and the cheque, to the SMA no later than:

(a) 4 p.m. Australian Eastern Standard Time 14 days after the day on which the applicant was given the Licence Contract; or

(b) if the SMA nominates a time and day under subclause (3)—that time.

(a) may, at any time before the time referred to in paragraph (2) (a), set a time, on a day later than the day referred to in paragraph (2) (a), as the time by which a lone applicant must:

(i) give to the SMA a completed Licence Contract for each licence with which the lone applicant wishes to be issued; or

(ii) give to the SMA the cheque referred to in paragraph (1) (b); and

(b) must, as soon as practicable after setting a time, tell the lone applicant, in writing, of the time that the SMA has set.

Note: [NOTE: Clause 16 sets out the immediate consequences for the lone applicant’s application if the applicant does not meet the time limits referred to in clause 14. Clause 27 sets out other possible consequences if the applicant does not meet the time limits.]

Arrangements if lone applicant’s cheque is insufficient

15. (1) Subclauses (2) and (3) apply if:

(a) a lone applicant gives the SMA one or more Licence Contracts; and

(b) the lone applicant gives the SMA a cheque under paragraph 14 (1) (b) in relation to the Contract or Contracts; and

(c) the amount of the cheque is less than the total amount of the reserve prices determined for the licence or licences identified by the lone applicant in the Licence Contracts.

(2) The SMA must, no later than 14 days after the day on which the lone applicant gives the SMA the cheque, give the applicant a Notice of Unpaid Reserve Price.

(3) If the lone applicant wishes to pay the difference between the amount of the cheque and the total amount of the reserve prices, the lone applicant must pay the difference to the SMA, by bank cheque in Australian currency, no later than 7 days after the later of:

(a) the day on which the SMA gives the Notice of Unpaid Reserve Price to the lone applicant; and

(b) the day, referred to in subclause 14 (2), by which the lone applicant was required to give the first-mentioned cheque to the SMA .

Note: [NOTE: Clause 16 sets out the immediate consequences for the lone applicant’s application if the applicant does not pay the difference between the amount of the cheque and the total amount of the reserve prices. Clause 27 sets out other possible consequences if the applicant does not pay the difference.]

When does a lone applicant’s application cease to have effect?

16. (1) Without affecting the operation of clause 27, if:

(a) a lone applicant in relation to an area does not give the SMA a completed Licence Contract for any of the licences in the relevant area by the time referred to in paragraph 14 (2) (a); and

(b) the SMA does not set a time under paragraph 14 (3) (a) in relation to Licence Contracts for those licences;

the lone applicant’s application for licences in the area ceases to have effect from the time referred to in paragraph 14 (2) (a).

(2) Without affecting the operation of clause 27, if:

(a) the SMA sets a time under paragraph 14 (3) (a) in relation to Licence Contracts for licences in an area; and

(b) the lone applicant in relation to the area does not give the SMA a completed Licence Contract for any of the licences in the area by the time set by the SMA;

the lone applicant’s application for licences in the area ceases to have effect from that time.

(3) Without affecting the operation of clause 27, if:

(a) a lone applicant in relation to an area gives the SMA one or more Licence Contracts for licences in that area; and

(b) the lone applicant does not pay any of the amount referred to in paragraph 14 (1) (b) by the time referred to in paragraph 14 (2) (a); and

(c) the SMA does not set a time under paragraph 14 (3) (a) in relation to the payment of the amount;

the lone applicant’s applications for the licences to which the payment relates cease to have effect from the time referred to in paragraph 14 (2) (a).

(4) Without affecting the operation of clause 27, if:

(a) a lone applicant in relation to an area gives the SMA one or more Licence Contracts for licences in that area; and

(b) the SMA sets a time under paragraph 14 (3) (a) in relation to the payment by the lone applicant of the amount referred to in paragraph 14 (1) (b); and

(c) the lone applicant does not pay any of the amount by the time set by the SMA;

the lone applicant’s application for the licences to which the payment relates cease to have effect from that time.

(5) Without affecting the operation of clause 27, if:

(a) the SMA gives a lone applicant a Notice of Unpaid Reserve Price; and

(b) the lone applicant does not pay the total amount requested in the Notice of Unpaid Reserve Price by the time referred to in subclause 15 (3);

the lone applicant’s application ceases to have effect from that time.

(6) Without affecting the operation of clause 27, if:

(a) a lone applicant’s application for licences in an area ceases to have effect because the lone applicant does not comply with a requirement set out in clause 14 or 15; and

(b) the SMA is not satisfied that the person has a reasonable excuse for not complying with the requirement; and

(c) the person who was the lone applicant is, at the time that the application ceases to have effect, a lone applicant for licences in another area; and

(d) the time referred to in paragraph 14 (2) (a) or 14 (3) (a) (if applicable) in relation to the other area has not expired;

the person’s application for licences in the other area ceases to have effect.

(7) Without affecting the operation of clause 27, if:

(a) a lone applicant’s application for licences in an area ceases to have effect because the lone applicant does not comply with a requirement set out in clause 14 or 15; and

(b) the SMA is not satisfied that the person has a reasonable excuse for not complying with the requirement; and

(c) the person who was the lone applicant is, at the time that the application ceases to have effect, an applicant (other than a lone applicant) for licences in another area; and

(d) at the time that the application ceases to have effect, bids have not been invited for any of the licences in the other area;

the person’s application for licences in the other area ceases to have effect.

(8) If the SMA is not satisfied that a person who was a lone applicant has a reasonable excuse for not complying with a requirement set out in clause 14 or 15, the SMA must, as soon as practicable, tell the person:

(a) that the SMA is not satisfied that the person has a reasonable excuse; and

(b) the reason why the SMA is not satisfied.

(9) Without affecting the operation of clause 27, if a person’s application for licences in an area ceases to have effect because the SMA is not satisfied that the person has a reasonable excuse for not complying with a requirement set out in clause 14 or 15:

(a) the person is not permitted to apply for a licence for which applications are invited after the application ceased to have effect; and

(i) a licence in the area in relation to which the application ceased to have effect; or

(ii) a licence referred to in the Schedule for which applications are invited after the application ceased to have effect.

(10) If an application ceases to have effect under this clause:

(a) the SMA must, as soon as practicable after the application ceases to have effect, tell the person who made the application, in writing, that the person’s application ceases to have effect; and

(b) this Determination, other than clauses 27 and 35, ceases to apply to each licence to which the application relates from the time that the application ceases to have effect.

Note: [NOTE: Clause 27 sets out possible consequences if a lone applicant’s application ceases to have effect.]

When does a lone applicant become a nominated applicant?

17. If a lone applicant:

(a) returns to the SMA a completed Licence Contract by the time:

(i) referred to in paragraph 14 (2) (a); or

(ii) set by the SMA under subclause 14 (3); and

(b) pays the total amount of the reserve prices for the licence or licences:

(i) by the time referred to in paragraph 14 (2) (a); or

(ii) by the time set by the SMA under paragraph 14 (3) (a); or

(iii) in accordance with subclause 15 (3);

the lone applicant becomes the nominated applicant for each licence that the applicant identified in a completed Licence Contract from the time that the applicant complies with those requirements.

PART 5—CONDUCT OF THE ALLOCATION SYSTEM IF THERE IS MORE THAN ONE REGISTERED APPLICANT

Appointment of bid co-ordinator

18. (1) The SMA may, at any time, appoint in writing 1 or more persons for the purpose of managing the making of bids during an allocation period.

(2) If:

(a) the SMA registers more than 1 applicant for licences in an area; and

(b) the SMA has not, at that time, appointed a person to manage the making of bids;

the SMA must, as soon as practicable, appoint at least 1 person to manage the making of bids.

Notice of allocation period

19. (1) The SMA must tell each registered applicant, in writing:

(a) the period or periods in which bids are to be invited for licences in the area; and

(b) the place at which the allocation will be held.

(2) The SMA must tell the registered applicants at least 14 days before the first day of the first period in which bids are to be invited.

(a) may change the details of a matter referred to in subclause (1); and

(b) must tell registered applicants of the changed details, in writing, as soon as practicable after changing the details.

(4) For the purposes of paragraph (3) (a), if the SMA wishes to change the day on which a period commences, the SMA must not change the day to a day earlier than the day told to registered applicants under paragraph (1) (a).

Holding an allocation

20. The SMA must hold an allocation of licences:

(a) during the period or periods identified under clause 19; and

(b) at the place identified under clause 19; and

(c) in accordance with this Determination.

Registration of bidders by SMA

21. (1) If an individual for whom the SMA has issued a Bidder Identification Form wishes to bid for a licence to which the Bidder Identification Form relates, the individual must register as a bidder with the SMA.

Note: [NOTE: Under subclause 22 (1), a bid for a licence may only be made by a registered bidder. A registered bidder is also the only person permitted by clause 23 to execute a Licence Contract.]

(2) The individual must register:

(a) in the period of 1 hour that ends 30 minutes before bids are expected to be invited for the first licence on the first day of the allocation period that relates to the licence for which the individual wishes to bid; or

(b) if the SMA extends that period—before the end of the period set by the SMA.

(3) When registering, the individual must:

(a) either:

(i) show the SMA the Bidder Identification Form issued for the individual; or

(ii) satisfy the SMA that the Bidder Identification Form issued for the individual has been lost, destroyed or cannot reasonably be made available to the SMA; and

(b) show the SMA the evidence of the individual’s identity referred to in the Bidder Identification Form; and

(c) complete and sign the Bidder’s Acknowledgment given to the individual by the SMA.

Note: [NOTE: Under subclause 11 (3), the SMA may, at any time, replace a Bidder Identification Form that it has issued if it is satisfied that the Form it issued has been lost, destroyed or cannot reasonably be made available to the SMA.]

(4) The individual is registered by signing the Bidder’s Acknowledgment as directed by the SMA.

(5) If the individual signs a Bidder’s Acknowledgment, and:

(a) the individual has not registered by the time required under subclause (2); or

(b) the individual has not complied with subclause (3);

the Bidder’s Acknowledgment has no effect.

(6) On registering an individual, the SMA must give each registered bidder:

(a) a bidder’s paddle for use for the area in relation to which the bidder is registered; or

(b) if the bidder is registered in relation to more than 1 area—a different bidder’s paddle for use for each area in relation to which the bidder is registered.

(7) If the individual shows the SMA more than one Bidder Identification Form issued for the individual, or satisfies the SMA that the SMA has issued more than one Bidder Identification Form for the individual, the SMA must:

(a) register the individual separately for each Bidder Identification Form; and

(b) give the individual a different bidder’s paddle for each Bidder Identification Form.

(8) If each individual whom the SMA registers in relation to an area is to bid for the same applicant, the applicant is a lone applicant for licences in the area to which the application relates.

(9) Without affecting the operation of clause 27:

(a) if an applicant in relation to an area does not register as a bidder, the applicant’s application for licenses in the area ceases to have effect; and

(b) if no applicant registers as a bidder in relation to an area:

(i) the SMA must, as soon as practicable after the application ceases to have effect, tell the person who made the application, in writing, that the person’s application ceases to have effect; and

(ii) this Determination, other than clauses 27 and 35, ceases to apply to each licence to which the application relates from the time that the application ceases to have effect.

Note: [NOTE: Clause 27 sets out possible consequences if a lone applicant’s application ceases to have effect.]

Bidding for a licence

22. (1) Only a registered bidder may bid for a licence.

(2) The bid co-ordinator will:

(a) invite bids for one licence at a time; and

(b) identify the registered bidder who makes the highest bid for the licence.

(3) In the event of a disputed bid:

(a) the bid co-ordinator is the sole arbiter; and

(b) the bid co-ordinator’s decision is final.

(4) If the highest bid made for a licence is at least equal to the reserve price for the licence, the registered applicant by whom, or on whose behalf, the highest bid is made is the nominated applicant for the licence.

(5) If an unregistered bidder bids for a licence, the making of the bid does not, by itself, affect the validity of:

(a) the identification of the registered bidder who makes the highest bid for the licence; or

(b) the allocation of the licence.

Execution of the Licence Contract and tender of deposit

23. (1) Immediately after an applicant is identified as the nominated applicant for a licence:

(a) if the nominated applicant is a registered bidder—the nominated applicant must meet with the SMA; or

(b) if the nominated applicant is not a registered bidder—a registered bidder who has signed a Bidder’s Acknowledgment in relation to the nominated applicant must meet with the SMA.

(2) The individual who meets with the SMA must, as directed by the SMA:

(a) identify himself or herself by:

(i) showing the SMA the correct Bidder Identification Form; or

(ii) showing the SMA the correct bidder’s paddle; or

(iii) verifying the bidder’s name and signature as they appear on the relevant Bidder’s Acknowledgment; and

(b) execute the Licence Contract in a form completed in respect of the licence; and

(c) tender a deposit of 10% of the amount of the bid price in one payment consisting of cash in Australian currency, a cheque in Australian currency, or both.

(3) The individual who meets with the SMA must not pay an amount of cash that is equal to or greater than the amount referred to in the definition of “significant cash transaction” in subsection 4 (1) of the Financial Transaction Reports Act 1988 as in force from time to time.

Note: [NOTE: At 1 April 1995, the amount was $10,000.]

(4) In addition to any other provision of this Determination, the amount of a deposit that is:

(a) not tendered under paragraph (2) (c); or

(b) tendered but not paid;

is a debt due to the Commonwealth, and may be recovered by the Commonwealth in a court of competent jurisdiction.

Application for a licence ceases to have effect if Licence Contract is not executed or deposit not paid

24. (1) Subclauses (2) and (3) apply if a nominated applicant, or a registered bidder on behalf of the nominated applicant, does not execute the Licence Contract in accordance with paragraph 23 (2) (b) as directed by the SMA.

(2) Without affecting the operation of clause 27:

(a) the nominated applicant’s application for the licence ceases to have effect from the time at which the nominated applicant or registered bidder fails to comply with the SMA’s direction to execute the Licence Contract; and

(b) if the nominated applicant has paid a deposit for the relevant licence—the deposit is forfeited to the Commonwealth; and

(c) the SMA must:

(3) Without affecting the operation of clause 27, if the SMA is not satisfied that the person who was the nominated applicant has a reasonable excuse why the Licence Contract was not executed:

(c) the SMA must, as soon as practicable, tell the person:

(i) that the SMA is not satisfied that the person has a reasonable excuse; and

(4) Subclauses (5) and (6) apply if:

(a) a nominated applicant, or a registered bidder on behalf of the nominated applicant, does not tender the deposit required by clause 23; or

(b) a deposit is tendered but not paid.

(5) Without affecting the operation of clause 27:

(a) the nominated applicant’s application for the licence ceases to have effect from the time at which the nominated applicant did not tender or pay the deposit as directed; and

(b) the SMA must:

(6) Without affecting the operation of clause 27, if the SMA is not satisfied that the person who was the nominated applicant has a reasonable excuse why the deposit was not tendered or paid:

(c) the SMA must, as soon as practicable, tell the person:

(i) that the SMA is not satisfied that the person has a reasonable excuse; and

(7) If the effect of paragraph (2) (a) or paragraph (5) (a) is that there is only one registered applicant remaining for licences in the relevant area:

(a) the SMA must, as soon as practicable, tell the remaining registered applicant that the applicant is to be treated as a lone applicant in relation to the area; and

(b) Part 4 applies to the SMA and to the registered applicant as if the applicant were a lone applicant for the licences that had not yet been allocated for the area.

(8) If, under subparagraph (2) (c) (iii) or (5) (b) (iii), the SMA directs that a licence be withdrawn from the allocation process, this Determination, other than clauses 27 and 35, ceases to apply to the licence from the time that the SMA gives the direction.

Note: [NOTE: Clause 27 sets out possible consequences if a nominated applicant’s application ceases to have effect.]

Payment of balance of the bid price

25. (1) A nominated applicant who is not a lone applicant must pay the bid price (less the amount of the deposit) to the SMA:

(a) no later than 4 p.m., in the State or Territory in which the relevant allocation is held, on the business day following the day on which the relevant Licence Contract is completed; and

(b) at:

(i) the office of the SMA nearest to the place at which the relevant allocation is held; or

(ii) the Sydney office of the SMA; and

(c) in one payment consisting of cash in Australian currency, a bank cheque in Australian currency, or both.

(2) The applicant must not pay an amount of cash that is equal to or greater than the amount referred to in the definition of “significant cash transaction” in subsection 4 (1) of the Financial Transaction Reports Act 1988 as in force from time to time.

Note: [NOTE: At 1 April 1995, the amount was $10,000.]

Application for a licence ceases to have effect if nominated applicant does not comply with clause 25

26. (1) Subclauses (2) and (3) apply if a nominated applicant does not comply with clause 25.

(2) Without affecting the operation of clause 27:

(a) the nominated applicant’s application for the licence ceases to have effect from the time by which the applicant is required to comply with clause 25; and

(b) the deposit paid for the relevant licence is forfeited to the Commonwealth; and

(c) the SMA must:

(3) Without affecting the operation of clause 27, if the SMA is not satisfied that the person who was the nominated applicant has a reasonable excuse for not complying with clause 25:

(c) the SMA must, as soon as practicable, tell the applicant:

(i) that the SMA is not satisfied that the nominated applicant has a reasonable excuse; and

(4) If the effect of paragraph (2) (a) and subclause (3) is that there is only one registered applicant remaining for licences in the relevant area:

(a) the SMA must, as soon as practicable, tell the remaining registered applicant that the applicant is to be treated as a lone applicant in relation to the area; and

(b) Part 4 applies to the SMA and the registered applicant as if the applicant were a lone applicant for the licences that had not yet been allocated for the area.

(5) If, under subparagraph (2) (c) (iii), the SMA directs that a licence be withdrawn from the allocation process, this Determination, other than clauses 27 and 35, ceases to apply to the licence from the time that the SMA makes the direction.

Note: [NOTE: Clause 27 sets out possible consequences if a nominated applicant’s application ceases to have effect.]

PART 6—CONSEQUENCES OF AN UNSUCCESSFUL APPLICATION

Liability for failure to comply with requirements of this Determination

27. (1) Subclauses (2) and (3) apply if:

(a) a lone applicant does not comply with a requirement set out in subclause 14 (2) or 15 (3) that applies to the applicant; or

(b) a nominated applicant, or a registered bidder representing the applicant, does not comply with a requirement set out in subclause 23 (1) or 23 (2) that applies to the applicant or bidder; or

(c) a nominated applicant does not pay a bid price in accordance with clause 25.

(2) This Determination does not affect any right of the Commonwealth to recover an amount of damages (including, if relevant, an amount that is greater than the amount of the highest bid price, but not including an amount paid as, or recovered in relation to, a deposit) from the nominated applicant, or any other person, in relation to the failure to comply with the relevant provision.

(3) To avoid doubt, this Determination does not affect any existing or future right of the Commonwealth to recover from a nominated applicant, or any other person, an amount of damages equal to the difference between:

(a) the bid price that relates to the nominated applicant; and

(b) if another nominated applicant is identified for the licence—the bid price that relates to that applicant.

Additional allocation

28. (1) Subclauses (2) and (3) apply if:

(a) the bid co-ordinator invites bids for a licence and receives no bids for the licence; or

(b) the SMA directs, under subparagraph 24 (2) (c) (ii), 24 (5) (b) (ii) or 26 (2) (c) (ii), that a licence may be included in an additional allocation.

(2) The SMA may arrange for one or more additional allocations to be held in relation to the licence.

(3) The only persons who may bid for the licences in an additional allocation are persons who were, in a previous allocation in relation to that area, registered applicants for any of the licences included in the additional allocation.

PART 7—ALLOCATION OF LICENCES

Licence not to be issued in certain circumstances

29. (1) The SMA must not issue a licence to a nominated applicant if, in the 2 years immediately before the application, the applicant held an apparatus licence, issued under the Act or the Radiocommunications Act 1983, that has been cancelled otherwise than by the operation of section 307 of the Act (which deals with the surrender of licences).

(2) The SMA must not issue a licence that is inconsistent with:

(a) the Australian spectrum plan; or

(b) a relevant frequency band plan.

(3) The SMA must not issue a licence if the decision to issue the licence is inconsistent with:

(a) a direction by the Minister under section 235 of the Act; or

(b) a policy of the Commonwealth Government notified under section 236 of the Act.

Issue of a licence to a lone applicant

30. (1) The SMA must issue a licence to a nominated applicant who was a lone applicant for the licence, or who is taken to be a lone applicant for the licence, if:

(a) the SMA complies with its obligations under:

(i) the Act; and

(ii) this Determination; and

(iii) the Guidelines; and

(iv) the Radiocommunications (Coordination) Regulations; and

(b) the nominated applicant complies with the requirements in clauses 14 and 15 that apply to the applicant; and

(c) none of the circumstances stated in clause 29 exists.

(2) Subject to the Act and the Guidelines, the SMA must give effect to the agreed Transmitter Proposal that is in force for the area in which the licence is located, and the group, for the area, in which the licence is located, when issuing the licence.

Note: [NOTE: “Agreed transmitter proposal” is defined in subclause 2 (1).]

(a) must issue the licence by instrument in writing; and

(b) may issue more than one licence in one instrument.

(4) The licence comes into force on the day on which it is issued.

(5) A licence does not give authority to the licensee to occupy the place at which the licensee proposes to operate the relevant transmitter.

Issue of a licence to an applicant other than a lone applicant

31. (1) The SMA must issue a licence to a nominated applicant who was not a lone applicant for the licence, or who is not taken to be a lone applicant for the licence, if:

(a) the SMA complies with its obligations under:

(i) the Act; and

(ii) this Determination; and

(iii) the Guidelines; and

(iv) the Radiocommunications (Coordination) Regulations; and

(b) the nominated applicant, or a registered bidder representing the applicant, complies with the requirements in clauses 23 and 25; and

(c) none of the circumstances stated in clause 29 exists.

(2) Subject to the Act and the Guidelines, the SMA must give effect to the agreed Transmitter Proposal that is in force for the area in which the licence is located, and the group, for the area, in which the licence is located, when issuing the licence.

Note: [NOTE: “Agreed transmitter proposal” is defined in subclause 2 (1).]

(3) If no agreed Transmitter Proposal is in force for the area in which the licence is located, or the group, for the area, in which the licence is located, the SMA must issue the licence in accordance with the Act and the Guidelines.

(4) The SMA:

(a) must issue the licence by instrument in writing; and

(b) may issue more than one licence in one instrument.

(5) The licence comes into force on the day on which it is issued.

(6) A licence does not give authority to the licensee to occupy the place at which the licensee proposes to operate the relevant transmitter.

Application ceases to have effect if there is no Transmitter Proposal for an area

32. (1) Without affecting the operation of clause 27, if:

(a) no applicant in relation to an area gives the SMA a completed Transmitter Proposal, in accordance with the Radiocommunications (Coordination) Regulations, for that area, and the group, for the area, in which the relevant licence is located, in the period of 12 months commencing on the day on which the first nominated applicant in relation to the area was identified; or

(b) no Transmitter Proposal for an area in which a licence is located, and the group, for the area, in which the licence is located, has effect, for the purposes of the Radiocommunications (Coordination) Regulations, at the end of the period of 12 months after the day on which all the licences in relation to the relevant area and group, that have not been withdrawn from the allocation system in accordance with this Determination, have been allocated to nominated applicants by the SMA;

each application for licences in the area ceases to have effect from the end of that period.

(2) If applications cease to have effect under subclause (1):

(a) the SMA must, as soon as practicable after the application ceases to have effect, tell each person who made an application, in writing, that the person’s application ceases to have effect; and

(b) this Determination, other than clauses 27 and 35, ceases to apply to each licence in the area from the time that the applications cease to have effect.

Duration of a licence

33. A licence is in force for a period of 5 years commencing on the day on which it is issued.

PART 8—MISCELLANEOUS

Notices

34. (1) At any time before the SMA issues a licence to a nominated applicant, it may announce, or publish a notice setting out:

(a) the name of the nominated applicant, or of a person acting for the nominated applicant; and

(b) the postal address of the nominated applicant; and

(c) either:

(i) for a lone applicant—the price that the applicant is required to pay for the licence; or

(ii) in any other case—the bid price that the applicant bid for the licence.

Note: [NOTE: The SMA is also required to publish a similar notice in the Gazette after it has issued the licence: see subsection 106 (3) of the Act.]

(2) The SMA may give any notice for the purposes of this Determination by fax.

(3) For the purposes of this Determination, a notice is taken to have been given to an applicant by the SMA:

(a) when the SMA delivers the notice to the address nominated by the applicant; or

(b) if the applicant nominates another address after submitting the application—when the SMA delivers the notice to the other address; or

(c) if:

(i) the applicant is a corporation; and

(ii) the SMA is unable to deliver the notice to the address nominated in the application;

when the SMA delivers the notice to the applicant’s registered business office; or

(d) if the notice is given by fax—on production by the despatching facsimile machine of a transmission control report showing:

(i) the relevant number of pages comprising the document to have been sent to the correct destination; and

(ii) that the notice has been transmitted successfully.

Liability under the allocation system

35. The SMA is not liable to pay damages or costs arising from an act or omission of any person in relation to the allocation system set out in this Determination.

Information provided by applicant

36. (1) A document given to the SMA by a person for the purposes of the allocation system set out in this Determination (including a document that contains intellectual property) becomes the property of the Commonwealth.

(2) Subclause (1) does not apply to a document that is given to the SMA to establish an individual’s identity.

(3) The Commonwealth may use information provided by an applicant for the purposes of the Commonwealth.

SCHEDULE 1 Subclause 2 (1)

AREAS

1. The area (called the “Southern New South Wales Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

(i) whose centre is grid reference 55 690600 6094330 in the Australian Map Grid, located at Black Mountain, Canberra; and

(i) whose centre is grid reference 56 334080 6250870 in the Australian Map Grid, located at the General Post Office, Sydney; and

(c) the area within a circular contour:

(i) whose centre is grid reference 56 307570 6182100 in the Australian Map Grid, located at the Southern Copper Chimney, Port Kembla in New South Wales; and

(ii) whose radius is 20 kilometres;

(d) the area within a circular contour:

(i) whose centre is grid reference 56 363158 6359647 in the Australian Map Grid, located at Mount Sugarloaf, near Newcastle in New South Wales; and

(ii) whose radius is 50 kilometres.

2. The area (called the “Northern New South Wales Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

(i) whose centre is grid reference 56 363158 6359647 in the Australian Map Grid, located at Mount Sugarloaf, near Newcastle in New South Wales; and

(i) whose centre is grid reference 56 542980 6895970 in the Australian Map Grid, located at the Post Office, Nobby Beach, Queensland; and

(ii) whose radius is 20 kilometres.

3. The area (called the “Gosford Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

| NSW CD 220102 | NSW CD 220504 | NSW CD 221002 | NSW CD 211411 | | NSW CD 220103 | NSW CD 220505 | NSW CD 221003 | NSW CD 211412 | | NSW CD 220104 | NSW CD 220506 | NSW CD 221006 | NSW CD 211501 | | NSW CD 220105 | NSW CD 220507 | NSW CD 221007 | NSW CD 211502 | | NSW CD 220110 | NSW CD 220508 | NSW CD 221008 | NSW CD 211503 | | NSW CD 220111 | NSW CD 220509 | NSW CD 221010 | NSW CD 211504 | | NSW CD 220201 | NSW CD 220510 | NSW CD 221401 | NSW CD 211505 | | NSW CD 220202 | NSW CD 220601 | NSW CD 222103 | NSW CD 211506 | | NSW CD 220203 | NSW CD 220602 | NSW CD 210211 | NSW CD 211507 | | NSW CD 220204 | NSW CD 220603 | NSW CD 211104 | NSW CD 211508 | | NSW CD 220205 | NSW CD 220604 | NSW CD 211105 | NSW CD 211509 | | NSW CD 220206 | NSW CD 220605 | NSW CD 211106 | NSW CD 211510 | | NSW CD 220207 | NSW CD 220606 | NSW CD 211107 | NSW CD 211601 | | NSW CD 220208 | NSW CD 220607 | NSW CD 211108 | NSW CD 211602 |

| NSW CD 220209 | NSW CD 220608 | NSW CD 211109 | NSW CD 211603 | | NSW CD 220210 | NSW CD 220701 | NSW CD 211110 | NSW CD 211604 | | NSW CD 220211 | NSW CD 220702 | NSW CD 211111 | NSW CD 211605 | | NSW CD 220212 | NSW CD 220703 | NSW CD 211112 | NSW CD 211606 | | NSW CD 220301 | NSW CD 220708 | NSW CD 211113 | NSW CD 211607 | | NSW CD 220302 | NSW CD 220709 | NSW CD 211204 | NSW CD 211608 | | NSW CD 220303 | NSW CD 220710 | NSW CD 211205 | NSW CD 211609 | | NSW CD 220304 | NSW CD 220801 | NSW CD 211206 | NSW CD 211610 | | NSW CD 220305 | NSW CD 220802 | NSW CD 211207 | NSW CD 211611 | | NSW CD 220306 | NSW CD 220803 | NSW CD 211208 | NSW CD 211612 | | NSW CD 220307 | NSW CD 220804 | NSW CD 211209 | NSW CD 211701 | | NSW CD 220308 | NSW CD 220805 | NSW CD 211210 | NSW CD 211702 | | NSW CD 220309 | NSW CD 220806 | NSW CD 211303 | NSW CD 211703 | | NSW CD 220310 | NSW CD 220807 | NSW CD 211304 | NSW CD 211704 | | NSW CD 220311 | NSW CD 220808 | NSW CD 211305 | NSW CD 211705 | | NSW CD 220312 | NSW CD 220809 | NSW CD 211306 | NSW CD 211706 | | NSW CD 220313 | NSW CD 220810 | NSW CD 211307 | NSW CD 211707 | | NSW CD 220401 | NSW CD 220811 | NSW CD 211308 | NSW CD 211708 | | NSW CD 220402 | NSW CD 220812 | NSW CD 211309 | NSW CD 211709 | | NSW CD 220403 | NSW CD 220901 | NSW CD 211310 | NSW CD 211710 | | NSW CD 220404 | NSW CD 220902 | NSW CD 211312 | NSW CD 211801 | | NSW CD 220405 | NSW CD 220903 | NSW CD 211401 | NSW CD 211802 | | NSW CD 220406 | NSW CD 220904 | NSW CD 211402 | NSW CD 211803 | | NSW CD 220407 | NSW CD 220905 | NSW CD 211403 | NSW CD 211804 | | NSW CD 220408 | NSW CD 220906 | NSW CD 211404 | NSW CD 211805 | | NSW CD 220409 | NSW CD 220907 | NSW CD 211405 | NSW CD 211806 | | NSW CD 220410 | NSW CD 220908 | NSW CD 211406 | NSW CD 211807 | | NSW CD 220411 | NSW CD 220909 | NSW CD 211407 | NSW CD 211808 | | NSW CD 220501 | NSW CD 220910 | NSW CD 211408 | NSW CD 211809 | | NSW CD 220502 | NSW CD 220911 | NSW CD 211409 | NSW CD 211810 | | NSW CD 220503 | NSW CD 221001 | NSW CD 211410 | |

(i) whose centre is grid reference 56 334080 6250870 in the Australian Map Grid, located at the General Post Office, Sydney; and

(a) whose centre is grid reference 56 363158 6359647 in the Australian Map Grid, located at Mount Sugarloaf, near Newcastle in New South Wales; and

4. The area (called the “Broken Hill Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

5. The area (called the “South-East Queensland Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

(a) whose centre is grid reference 56 502560 6961530 in the Australian Map Grid, located at the Commonwealth Bank Building, Brisbane and

6. The area (called the “Mackay/Rockhampton Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

7. The area (called the “Townsville Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

8. The area (called the “Sanctuary Cove Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

(i) whose centre is grid reference 56 502560 6961530 in the Australian Map Grid, located at the Commonwealth Bank Building, Brisbane and

(i) whose centre is grid reference 56 542980 6895970 in the Australian Map Grid, located at the Post Office, Nobby Beach, Queensland; and

(ii) whose radius is 20 kilometres.

9. The area (called the “Mount Isa Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

| Qld CD 020603 | Qld CD 020713 | Qld CD 020812 | Qld CD 020906 | | Qld CD 020605 | Qld CD 020714 | Qld CD 020813 | Qld CD 020907 | | Qld CD 020701 | Qld CD 020715 | Qld CD 020814 | Qld CD 020908 | | Qld CD 020702 | Qld CD 020801 | Qld CD 020815 | Qld CD 020909 | | Qld CD 020703 | Qld CD 020802 | Qld CD 020816 | Qld CD 020910 | | Qld CD 020704 | Qld CD 020803 | Qld CD 020817 | Qld CD 020911 | | Qld CD 020705 | Qld CD 020804 | Qld CD 020818 | Qld CD 020912 | | Qld CD 020706 | Qld CD 020805 | Qld CD 020819 | Qld CD 020913 | | Qld CD 020707 | Qld CD 020806 | Qld CD 020820 | Qld CD 020914 | | Qld CD 020708 | Qld CD 020807 | Qld CD 020901 | Qld CD 020915 | | Qld CD 020709 | Qld CD 020808 | Qld CD 020902 | Qld CD 020916 | | Qld CD 020710 | Qld CD 020809 | Qld CD 020903 | Qld CD 021002 | | Qld CD 020711 | Qld CD 020810 | Qld CD 020904 | Qld CD 021003 | | Qld CD 020712 | Qld CD 020811 | Qld CD 020905 | Qld CD 021301 |

10. The area (called the “Port Douglas Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

| Qld CD 010805 | Qld CD 010901 | Qld CD 010905 | Qld CD 010910 | | Qld CD 010806 | Qld CD 010902 | Qld CD 010906 | Qld CD 010911 | | Qld CD 010808 | Qld CD 010903 | Qld CD 010907 | | | Qld CD 010810 | Qld CD 010904 | Qld CD 010909 | |

(a) whose centre is grid reference 55 365980 8132874 in the Australian Map Grid, located at Lumley Hill, Cairns in Queensland; and

11. The area (called the “Regional Victoria Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

(a) whose centre is grid reference 55 320800 5812740 in the Australian Map Grid, located at the Bourke Street Mall, Melbourne; and

12. The area (called the “Tasmania Area”) that consists of the island of Tasmania other than the area within a circular contour:

(a) whose centre is grid reference 55 519236 5250428 in the Australian Map Grid, located at Mount Wellington, Hobart; and

13. The area (called the “South-West Western Australia Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

(a) whose centre is grid reference 50 392020 6464140 in the Australian Map Grid, located at the General Post Office, Perth and

14. The area (called the “Kalgoorlie Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

| WA CD 140402 | WA CD 140608 | WA CD 141609 | WA CD 141804 | | WA CD 140403 | WA CD 140609 | WA CD 141610 | WA CD 141805 | | WA CD 140404 | WA CD 140610 | WA CD 141612 | WA CD 141904 | | WA CD 140405 | WA CD 140611 | WA CD 141701 | WA CD 142002 | | WA CD 140406 | WA CD 140701 | WA CD 141702 | WA CD 142003 | | WA CD 140407 | WA CD 140702 | WA CD 141703 | WA CD 142004 | | WA CD 140408 | WA CD 140703 | WA CD 141704 | WA CD 142005 | | WA CD 140412 | WA CD 140704 | WA CD 141705 | WA CD 142006 | | WA CD 140413 | WA CD 140705 | WA CD 141706 | WA CD 142007 | | WA CD 140414 | WA CD 140706 | WA CD 141707 | WA CD 142008 | | WA CD 140501 | WA CD 140707 | WA CD 141708 | WA CD 142102 | | WA CD 140502 | WA CD 140708 | WA CD 141709 | WA CD 142103 | | WA CD 140503 | WA CD 140709 | WA CD 141710 | WA CD 142201 | | WA CD 140504 | WA CD 140710 | WA CD 140902 | WA CD 142203 | | WA CD 140505 | WA CD 140711 | WA CD 140903 | WA CD 142204 | | WA CD 140506 | WA CD 140801 | WA CD 140904 | WA CD 142205 | | WA CD 140507 | WA CD 140802 | WA CD 140905 | WA CD 043405 | | WA CD 140508 | WA CD 140803 | WA CD 140401 | WA CD 141002 | | WA CD 140509 | WA CD 140805 | WA CD 140804 | WA CD 141003 | | WA CD 140510 | WA CD 140806 | WA CD 140906 | WA CD 141302 | | WA CD 140511 | WA CD 140807 | WA CD 141404 | WA CD 141303 | | WA CD 140512 | WA CD 140808 | WA CD 141501 | WA CD 141905 | | WA CD 140513 | WA CD 140809 | WA CD 141502 | WA CD 142001 | | WA CD 140514 | WA CD 140810 | WA CD 141503 | WA CD 142101 |

| WA CD 140601 | WA CD 140811 | WA CD 141504 | WA CD 142104 | | WA CD 140602 | WA CD 141602 | WA CD 141601 | WA CD 141304 | | WA CD 140603 | WA CD 141603 | WA CD 141611 | WA CD 141806 | | WA CD 140604 | WA CD 141604 | WA CD 141801 | WA CD 141807 | | WA CD 140605 | WA CD 141606 | WA CD 141405 | WA CD 142202 | | WA CD 140606 | WA CD 141607 | WA CD 141802 | WA CD 142206 | | WA CD 140607 | WA CD 141608 | WA CD 141803 | |

15. The area (called the “Geraldton Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

(a) whose centre is grid reference 50 392020 6464140 in the Australian Map Grid, located at the Gernal Post Office, Perth and

16. The area (called the “Spencer Gulf Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

(a) whose centre is grid reference 54 290630 6126350 in the Australian Map Grid, located at Mount Lofty, Adelaide; and

17. The area (called the “Mount Gambier Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

18. The area (called the “Renmark/Loxton Area”) that consists of the following places, identified by the Australian Bureau of Statistics as population census statistical areas and collection districts for the purposes of the conduct of the 1991 population census:

| Paringa (DC) | SA CD 040509 | SA CD 040403 | SA CD 040102 | | Renmark (M) | SA CD 040510 | SA CD 040404 | SA CD 040402 | | SA CD 040501 | SA CD 040511 | SA CD 040405 | | | SA CD 040502 | SA CD 040701 | SA CD 040503 | |

SCHEDULE 2 Subclause 2 (1)

CHANNELS AND FREQUENCIES

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