Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995
Part 3REGISTRATION OF APPLICANTS
Start here
Get a plain-English read of Part 3
Turn the raw legal text into a practical explanation grounded in Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995.
(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
(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
Part Part 3 - Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995 - REGISTRATION OF APPLICANTS | Zoe
(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
(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
(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
(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.