Part 8MISCELLANEOUS

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.