Part Part 5 - Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995 - CONDUCT OF THE ALLOCATION SYSTEM IF THERE IS MORE THAN ONE REGISTERED APPLICANT | Zoe
Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995
Part 5CONDUCT OF THE ALLOCATION SYSTEM IF THERE IS MORE THAN ONE REGISTERED APPLICANT
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PART 5—CONDUCT OF THE ALLOCATION SYSTEM IF THERE IS MORE THAN ONE REGISTERED APPLICANT
Appointment of bid co-ordinator
(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
(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
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
(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
(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
(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
(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
(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
(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.]