40Payment of monies due to the ACMA

40 Payment of monies due to the ACMA

(1) Except where otherwise specified, this section applies to all amounts paid, or to be paid, to the ACMA under this instrument.

(2) The amount must be paid in Australian currency.

(3) Monies due to the ACMA, on behalf of the Commonwealth, for the following purposes must be paid by the date specified in this instrument and in accordance with this instrument:

(a) the entry fee;

(b) the auction deposit;

(c) the balance of the bid price.

(4) An amount must be paid by electronic transfer or an electronic bill payment method, the details of which are:

(a) published on the ACMA’s website for the purposes of this section; or

(b) notified by the ACMA to the payer for the purposes of this section.

(5) An amount is taken to have been paid by a date specified in this instrument (the due date) if:

(a) both:

(i) the ACMA receives evidence that an electronic transfer or payment of the full amount was made on or before the due date (such as a transfer receipt); and

(ii) the amount is received in the ACMA’s bank account no later than 3 business days after the due date; or

(b) the ACMA receives other evidence which satisfies the ACMA that the person making the payment has taken all reasonable steps to pay the amount on or before the due date.

(6) An amount due under this instrument is not paid in full if bank charges or government duties imposed on a payment reduce the net payment to less than the amount due.

Note: The effect of this subsection is that an applicant must add the value of any bank charge or government duty to the amount of a payment.

(7) Subject to subsection 40(5) the payment must be received by the ACMA on or before the due date. If it is not, the person’s application ceases to have effect and the person is not entitled to take part in the allocation.