Radiocommunications (Allocation of Multipoint Distribution Station Licences-Regional Licences) Determination No. 1 of 1995
Part 6CONSEQUENCES OF AN UNSUCCESSFUL APPLICATION
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PART 6—CONSEQUENCES OF AN UNSUCCESSFUL APPLICATION
Liability for failure to comply with requirements of this Determination
- (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
- (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.