Part 1
Preliminary
Part 1 Preliminary
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Determination creates a price-based system for the ACMA to issue Broadcasting (Narrowcasting) Transmitter Licences for the frequency ranges listed in the Schedule. It prescribes advertising, standard forms, application fees, reserve prices and an auction-style Licence Allocation Exercise where the highest bidder meeting the reserve becomes the nominated applicant. Applicants pay the application fee, a 10% deposit and the bid balance, and may give indemnities; the ACMA sets reserve prices, can terminate or re-offer issues, appoint agents and extend timeframes, producing concrete compliance and timing obligations.
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Direct links to the current provisions in Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996.
Part 1 Preliminary
1 Citation [see Note 1]
This Determination may be cited as the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996.
2 Purpose
This Determination sets out a price-based allocation system for the ACMA to issue Broadcasting (Narrowcasting) Transmitter Licences authorising the operation of transmitters for the provision of open narrowcasting services in the parts of the radiofrequency spectrum available for allocation under a section 34 determination.
3 Application of Determination
If the ACMA wishes to issue a licence to which this Determination applies, the ACMA may only issue the licence in accordance with the price-based allocation system set out in this Determination.
4 Interpretation
(1) In this Determination, unless the contrary intention appears:
ABA means Australian Broadcasting Authority.
ACMA means Australian Communications and Media Authority.
authorised agent means an individual for whom a Form of Authority has been lodged under subparagraph 8 (2) (b) (iii) or clause 10.
balance of the price, for a licence, means the difference between:
(a) the amount of the price bid for the licence by the nominated applicant or its authorised agent; and
(b) the amount of the deposit paid for the licence by the nominated applicant or its authorised agent.
Broadcasting (Narrowcasting) Transmitter Licence means a broadcasting licence, within the meaning of Radiocommunications (Definitions) Determination No. 2 of 1993, authorising the operation of a transmitter for the provision of an open narrowcasting service in a part of the radiofrequency spectrum available for allocation under a section 34 determination and specified in the Schedule.
Broadcasting Services Act means the Broadcasting Services Act 1992.
business day means a day that is not a Saturday, a Sunday or a public holiday in New South Wales.
company means:
(a) a company within the meaning of the Corporations Law; or
(b) a foreign corporation within the meaning of the Constitution.
complete, for a form, includes sign or seal, as the case requires.
Form of Acknowledgment means the form described in subclause 5 (5).
Form of Application means the form described in subclause 5 (4).
Form of Authority means the form described in subclause 5 (6).
Form of Indemnity and Guarantee means the form described in subclause 5 (8).
licence means a Broadcasting (Narrowcasting) Transmitter Licence.
Licence Allocation Exercise means the procedure set out under clause 24 for identifying a nominated applicant where there is more than one registered applicant for a licence.
lodge means lodge as required by the ACMA under clause 37.
nominated applicant, for a licence, means:
(a) if there is more than one registered applicant for the licence — the registered applicant who, or whose authorised agent, has bid an amount that is:
(i) the highest bid for that licence; and
(ii) at least the reserve price for the licence;
at a Licence Allocation Exercise held for the licence; or
(b) if there is only one registered applicant for the licence — the registered applicant.
open narrowcasting service has the meaning it has in section 18 of the Broadcasting Services Act.
Radcom Act means the Radiocommunications Act 1992.
registered applicant means an applicant for whom an application has been registered and allotted a unique registration number by the ACMA under clause 9.
reserve price, for a licence, means the reserve price set by the ACMA under clause 11.
section 34 determination means a decision made by the ABA or the ACMA on a date specified in the Schedule, under subsection 34 (1) of the Broadcasting Services Act, that specified parts of the radiofrequency spectrum are available for allocation during a specified period for the provision of open narrowcasting services.
Note Because of subsection 46 (1) of the Acts Interpretation Act 1901, an expression used in this Determination and the Radcom Act has the same meaning in this Determination as in the Act.
(2) Unless the contrary intention appears a day is taken to end, for the purposes of this Determination (other than clause 33), at 4 p.m. according to the standard time in effect on that day in Sydney.
Part 2 Preparation for the issue of licences
5 Forms
(1) The ACMA is to provide the forms that an applicant must complete, and this clause lists the forms and describes the content of each one.
(2) An applicant must use only a form provided by the ACMA, or a photocopy of the form.
(3) A form may require an applicant to disclose relevant information that the ACMA considers necessary, in addition to the information described in this clause.
Form of Application
(4) The ACMA is to provide a Form of Application that, when completed by an applicant, will:
(a) show the applicant’s name; and
(b) identify the licence for which the applicant is applying.
Form of Acknowledgment
(5) The ACMA is to provide a Form of Acknowledgment that, when completed by a nominated applicant, will contain statements to the following effect:
(a) that the nominated applicant has relied solely on:
(i) its own skill, judgment and investigations; or
(ii) the skill, judgment and investigations of persons acting on its behalf;
in applying for the licence mentioned in the form and in forming its opinion of the value of the licence; and
(b) that the nominated applicant is aware that becoming a nominated applicant does not entitle it to be issued a licence; and
(c) that the nominated applicant is aware that a licence will not be issued to it if the full amount payable under this Determination for the issue of the licence has not been paid by the nominated applicant or its authorised agent; and
(d) that the nominated applicant is aware that the fact that the nominated applicant, or its authorised agent, is the highest bidder at any Licence Allocation Exercise for the licence does not, of itself, entitle the nominated applicant to be issued the licence; and
(e) that the nominated applicant is aware that it may be liable to the ACMA in damages for any loss suffered by the ACMA as a result of conduct of the nominated applicant or its authorised agent.
Note See clause 38 regarding applicant’s liability.
Form of Authority
(6) The ACMA is to provide a Form of Authority that, when completed by an applicant, will authorise the person named as agent in the form:
(a) to bid at the Licence Allocation Exercise (if any) that is held for the licence mentioned in the form; and
(b) if the applicant becomes the nominated applicant for the licence by way of a Licence Allocation Exercise, to:
(i) pay the deposit for the licence on behalf of the applicant; and
(ii) complete and lodge, on behalf of the applicant, the Form of Acknowledgment for the licence; and
(c) to do anything else that is reasonably necessary or incidental to the things set out in paragraphs (a) and (b).
(7) Each Form of Authority must relate to the authorisation of only one agent.
Form of Indemnity and Guarantee
(8) The ACMA is to provide a Form of Indemnity and Guarantee in the form of a deed that will, when completed, give the ACMA:
(a) an indemnity by an applicant against any loss or costs that the ACMA may suffer or incur as a result of any act, default or omission by the applicant or its authorised agent at any stage during an advertised issue of the licence that is mentioned in the form; and
(b) if the applicant is a company or incorporated association — a similar indemnity by a director or office-bearer of the applicant in case the applicant is called on to perform its obligations under its indemnity and fails to do so.
6 Advertisements
(1) The ACMA must advertise the proposed issue of a licence in a newspaper that it considers appropriate.
(2) The advertisement must:
(a) include an invitation for applications for the licence that comply with the requirements of this Determination; and
(b) include a statement that the ACMA proposes to issue the licence in accordance with the system set out in this Determination; and
(c) describe the geographic location for which the ACMA proposes to issue the licence; and
(d) specify the nominal carrier frequency or channel on which the licence is proposed to authorise the operation of a transmitter for the provision of open narrowcasting services; and
(e) specify the closing date and time for an application for the licence; and
(f) give details of:
(i) the application fee to be paid by the applicant; and
(ii) how it must be paid; and
(g) give details of how to obtain further information, in particular, details of how to obtain an information package that includes forms necessary for taking part in the advertised issue of the licence.
(3) An advertisement may include any other information relating to a licence, in particular, information relating to the issue of a licence.
(4) The ACMA may change a matter that is set out in an advertisement.
(5) If the ACMA changes a matter set out in an advertisement, or any of the information in an advertisement becomes out of date or is found to be incorrect after the advertisement is published, the ACMA must publish an advertisement giving the new or correct information in the same way in which the original advertisement was published.
7 Application fee
The ACMA must set an amount as the application fee for a licence that takes account of the administrative costs of the ACMA in issuing licences under this Determination.
8 Applications
(1) A person:
(a) may apply for more than one licence; and
(b) may make only one application for any one licence; and
(c) must make a separate application for each licence for which it wishes to apply.
(2) The ACMA may accept an application for a licence only if:
(a) the applicant is a person; and
(b) on or before the closing date and time for the application set out in the advertisement under subclause 6 (2) or (5):
(i) the applicant has lodged a completed and legible Form of Application; and
(ii) the applicant has lodged a completed and legible Form of Indemnity and Guarantee; and
(iii) if the applicant is a company or incorporated association — the applicant has lodged at least one completed and legible Form of Authority; and
(iv) the applicant has paid the application fee in accordance with the advertisement.
9 Registration of applicants
If the ACMA accepts an application under subclause 8 (2), the ACMA must register the application and allot to the application a unique registration number.
10 Lodgement of Form of Authority
In addition to subparagraph 8 (2) (b) (iii), any registered applicant for a licence may lodge a completed and legible Form of Authority not later than 2 business days before the day of the Licence Allocation Exercise (if any) that may be held for the licence.
Note The ABA must not accept an application for a licence from an applicant that is a company or incorporated association unless the applicant has lodged at least one completed and legible Form of Authority: see subparagraph 8 (2) (b) (iii).
11 Reserve price
On or before the closing date and time for applications for a licence advertised under subclause 6 (2) or (5), the ACMA must set a reserve price for the licence.
Note If Part 3 applies to the issue of a licence, the reserve price for the licence becomes the total price of the licence.
Part 3 Issue of licence if there is only one registered applicant
12 Application of Part 3
This Part applies if, at the closing date and time for applications for a licence advertised under subclause 6 (2) or (5), there is only one registered applicant for the licence.
13 Notice to nominated applicant
Before the end of 5 business days after the closing date for applications for a licence advertised under subclause 6 (2) or (5), the ACMA must give the nominated applicant for the licence:
(a) a notice setting out:
(i) that the nominated applicant is the only registered applicant for the licence; and
(ii) the amount of the reserve price for the licence; and
(iii) the account into which the reserve price must be paid; and
(iv) the last day when the nominated applicant may pay the reserve price and lodge a completed and legible Form of Acknowledgment; and
(v) the last day when the nominated applicant may withdraw its application; and
(b) a Form of Acknowledgment for completion.
Note A nominated applicant is described in subclause 4 (1).
14 Payment of reserve price and lodging a Form of Acknowledgment
On or before the day notified under subparagraph 13 (a) (iv), the nominated applicant must:
(a) pay the reserve price for the licence by electronic funds transfer to the account notified under paragraph 13 (a), or as directed by the ACMA; and
(b) lodge a completed and legible Form of Acknowledgment.
15 Reserve price not paid or Form of Acknowledgment not lodged
(1) If the nominated applicant fails to comply with clause 14 in relation to a licence, the nominated applicant ceases to be the nominated applicant for the licence.
(2) However, the person is taken to have continued to be the nominated applicant for the licence after the day notified under subparagraph 13 (a) (iv) if the ACMA:
(a) extends the period for compliance with clause 14 after that day; and
(b) has not re-offered the licence in accordance with subclause 31 (2) before attempting to extend the period.
16 Issue of licence
(1) Subject to clause 29, and if none of the circumstances in clause 32 exists, the ACMA must issue the licence to the nominated applicant as soon as reasonably practicable after the nominated applicant has complied with clause 14.
(2) Subclause (1) does not require the ACMA to issue a licence before it is satisfied that all bank clearance procedures are complete for monies paid by the nominated applicant to the ACMA for the licence.
Note Under the Radiocommunications Taxes Collection Act 1983, a tax is imposed on the issue of a licence. The tax is payable by a nominated applicant on the issue of the licence to the nominated applicant.
17 Withdrawal of application
A registered applicant described in clause 12 may withdraw its application for a licence by lodging a notice to that effect on or before the day notified under subparagraph 13 (a) (v).
Part 4 Issue of licence if there is more than one registered applicant
18 Application of Part 4
This Part applies if, at the closing date and time for applications for a licence advertised under subclause 6 (2) or (5), there are 2 or more registered applicants for the licence.
19 Licence Allocation Exercise to be conducted
(1) Subject to clause 22, the ACMA must conduct a Licence Allocation Exercise for the licence unless the issue of the licence is terminated under clause 29.
(2) Nothing in this Determination prevents the ACMA from holding 2 or more Licence Allocation Exercises on one day in one place.
20 Notice of Licence Allocation Exercise
(1) If a Licence Allocation Exercise is to be held for a licence, the ACMA must give to each registered applicant for the licence, at least 10 days before the day when the Licence Allocation Exercise is to be held, a notice setting out:
(a) the date, time and place of the Licence Allocation Exercise; and
(b) any other information that the ACMA considers necessary.
(2) If the ACMA decides, at any time after the notice has been given, to change the date, time or place of the Licence Allocation Exercise, the ACMA must give each registered applicant a further notice setting out the new date, time and place.
(3) However, if the ACMA decides, on the day when a Licence Allocation Exercise is to be held, to commence the Exercise later on that day than the time mentioned in a notice under subclause (1) or (2) (as the case may be), the ACMA must publicly announce the new time at the place where the Exercise is to be held.
(4) A notice given under subclause (2) may be given less than 10 days before the day when the Licence Allocation Exercise is to be held.
21 Withdrawal of application
A registered applicant described in clause 18 may withdraw its application for a licence by lodging a notice to that effect before the time when the Licence Allocation Exercise for the licence is to start.
22 Part 3 applies if all but one of the registered applicants withdraw before the Licence Allocation Exercise
(1) Subclause (2) applies if:
(a) more than one registered applicant has applied for a particular licence; and
(b) all but one of the registered applicants withdraw their applications for the licence before the time when the Licence Allocation Exercise for the licence is to start.
(2) Part 3 applies to the remaining registered applicant as if:
(a) the applicant had been the only registered applicant for the licence; and
(b) the closing date for applications for the licence was the day when the last of the other applications was withdrawn.
23 Who may bid at Licence Allocation Exercise?
(1) A person may bid for a licence at a Licence Allocation Exercise only if he or she is:
(a) a registered applicant for the licence; or
(b) an authorised agent of a registered applicant for the licence.
(2) A registered applicant or an authorised agent must not bid at a Licence Allocation Exercise unless:
(a) he or she has produced evidence of his or her identity on the day of the Exercise, as directed by the ACMA and to its satisfaction; and
(b) the ACMA has given him or her a bidding number.
24 Bidding
(1) The person conducting a Licence Allocation Exercise may start the bidding at any amount that he or she thinks is appropriate.
(2) If the bidding for a licence does not reach the reserve price for the licence, the Licence Allocation Exercise for that licence is terminated.
(3) If a dispute arises during a Licence Allocation Exercise concerning:
(a) a bid; or
(b) a person’s entitlement to bid; or
(c) the conduct of the Licence Allocation Exercise;
the person conducting the Licence Allocation Exercise must determine the dispute, and must then, as he or she thinks is appropriate:
(d) continue the Licence Allocation Exercise; or
(e) terminate the Licence Allocation Exercise; or
(f) re-start the bidding at an amount that he or she thinks is appropriate.
(4) A decision under subclause (3) of the person conducting a Licence Allocation Exercise is final.
(5) If a Licence Allocation Exercise for a licence is terminated under this clause, the ACMA is not obliged to continue the issue of the licence as advertised.
Note See clause 31 regarding the re-offer of a licence for which a Licence Allocation Exercise has been terminated.
25 Deposit and Form of Acknowledgment
(1) Immediately after becoming a nominated applicant, the applicant or its authorised agent must:
(a) pay a deposit of 10% of the amount of the bid; and
(b) lodge a completed and legible Form of Acknowledgment.
Note A nominated applicant is described in subclause 4 (1).
(2) The deposit must be paid by cheque in the manner directed by the ACMA, or in another way acceptable to the ACMA.
Note See clause 36 regarding cheques.
26 Deposit not paid or Form of Acknowledgment not lodged
If neither the nominated applicant nor its authorised agent complies with clause 25:
(a) the nominated applicant ceases to be the nominated applicant for the licence; and
(b) the nominated applicant and its authorised agents are not entitled to take part in any other Licence Allocation Exercise (including a further Licence Allocation Exercise for that licence) held on that day.
27 Payment of balance of price
(1) A nominated applicant for a licence must pay the balance of the price by electronic funds transfer to an account specified by the ACMA, or as directed by the ACMA, before the end of the business day after the Licence Allocation Exercise for the licence was held.
(2) If the nominated applicant does not comply with subclause (1), the nominated applicant:
(a) ceases to be the nominated applicant for the licence at the end of the business day after the Licence Allocation Exercise was held; and
(b) is not entitled to a refund of the deposit paid under clause 25.
(3) However, the person is taken to have continued to be the nominated applicant for the licence after the end of the business day after the Licence Allocation Exercise was held if the ACMA:
(a) extends the period for compliance with subclause (1) after that day; and
(b) has not acted under subclause 31 (3) before attempting to extend the period.
28 Issue of licence
(1) Subject to clause 29, if none of the circumstances in clause 32 exists, the ACMA must issue the licence to the nominated applicant as soon as reasonably practicable after the nominated applicant pays the balance of the price for the licence.
(2) Subclause (1) does not require the ACMA to issue a licence before it is satisfied that all bank clearing procedures have been completed for monies paid by the nominated applicant to the ACMA for the licence.
Note Under the Radiocommunications Taxes Collection Act 1983, a tax is imposed on the issue of a licence. The tax is payable by a nominated applicant on the issue of the licence to the nominated applicant.
Part 5 Miscellaneous
29 Termination of advertised issue of a licence
The ACMA may terminate an advertised proposed issue of a licence at any time before the licence is issued.
30 Refund of reserve price, deposit and balance of price
If the ACMA terminates an advertised proposed issue of a licence, the ACMA must refund:
(a) any part of the reserve price for the licence paid under clause 14; and
(b) any part of the deposit for the licence paid under clause 25; and
(c) any part of the balance of the price for the licence paid under subclause 27 (1).
31 New Licence Allocation Exercises and re-offer of licences
(1) If, at the closing date and time for applications for a licence advertised under subclause 6 (2) or (5), there are no registered applicants for the licence, the ACMA may re-offer the licence for issue.
(2) If Part 3 applies to the advertised issue of a licence, and:
(a) the nominated applicant for the licence ceases to be the nominated applicant; or
(b) the licence is not issued to the nominated applicant; or
(c) the advertised issue of the licence is terminated;
the ACMA may re-offer the licence for issue.
(3) If a Licence Allocation Exercise (the relevant Exercise) is held for a licence, and:
(a) the relevant Exercise is terminated; or
(b) the nominated applicant for the licence ceases to be the nominated applicant; or
(c) the licence is not issued to the nominated applicant; or
(d) the advertised issue of the licence is terminated;
the ACMA may hold a new Licence Allocation Exercise for the licence on the same day as the relevant Exercise, or may re-offer the licence for issue.
(4) If, under subclause (3), a new Licence Allocation Exercise is to be held for the licence on the same day as the relevant Exercise:
(a) the ACMA must announce publicly (at the place where the relevant Exercise was held) the time when, and the place where, the new Licence Allocation Exercise is to be held; and
(b) Part 4 (other than clauses 18, 19 and 20) applies to the new Licence Allocation Exercise; and
(c) a registered applicant for the licence continues to be a registered applicant for the licence, and is not required to re-apply or pay another application fee; and
(d) an authorised agent for the licence continues to be an authorised agent for the licence; and
(e) the reserve price for the licence remains in force.
(5) If a licence is to be re-offered:
(a) subject to paragraphs (b) and (c), clauses 6, 8, 9 and 10 must be complied with as if the licence had not previously been offered; and
(b) a registered applicant for the licence continues to be a registered applicant for the licence, and is not required to re-apply or pay another application fee; and
(c) an authorised agent for the licence continues to be an authorised agent for the licence; and
(d) the application fee and reserve price for the licence remain in force.
32 Licence not to be issued in certain circumstances
The ACMA must not issue a licence to an applicant if:
(a) the licence is inconsistent with the Australian Radiofrequency Spectrum Plan; or
(b) the licence is inconsistent with a relevant frequency band plan; or
(c) the licence would authorise the operation of radiocommunications devices at frequencies that are within a part of the spectrum that is designated under section 36 of the Radcom Act to be allocated by issuing spectrum licences.
33 Duration of a licence
A licence has effect on and from the day it is issued, and ceases to have effect at the end of the period specified in the section 34 determination.
34 Extension of time
(1) The ACMA may extend the period in which an applicant is required to do any thing required by this Determination, whether or not the period has expired.
(2) If the day for doing any thing under this Determination is not a business day, the thing is to be done on the next business day following that day.
Note A business day is described in subclause 4 (1).
35 Notices
(1) A notice to be given to an applicant by the ACMA is taken, for all purposes, to have been given to the applicant if it is given to a person specified by the applicant in its Form of Application as a contact person to whom notices may be given.
(2) A notice must be in writing, and may be given by means of facsimile transmission.
36 Cheques
If a payment under this Determination is to be made by cheque or bank cheque, the cheque or bank cheque must be:
(a) in Australian currency; and
(b) drawn on:
(i) a bank within the meaning of the Banking Act 1959; or
(ii) a person who carries on State banking within the meaning of paragraph 51 (xiii) of the Constitution.
37 Lodgment
The ACMA must specify in writing (including in a written advertisement or in other material supplied by the ACMA) the place where, and the manner in which, a form must be lodged.
38 Liability of person etc for failure to comply
This Determination does not affect any right of the ACMA to recover damages (including damages of an amount greater than the amount of the highest bid) from a nominated applicant, or any other person, for:
(a) a failure by the nominated applicant, or its authorised agent, to comply with clause 14 or 25; or
(b) a failure by the nominated applicant to pay the balance of the price for the licence as specified in subclause 27 (1).
39 ACMA may appoint agent
The ACMA may at any time appoint, in writing, 1 or more persons as its agent or agents for any of the following purposes:
(a) receiving applications;
(b) conducting a Licence Allocation Exercise;
(c) accepting and holding in trust, on behalf of the ACMA, the following payments:
(i) application fees;
(ii) deposits;
(iii) the reserve price for a licence;
(iv) the balance of the price for a licence;
(d) carrying out administrative tasks under this Determination specified by the ACMA.
40 Delegation
The ACMA may delegate any or all of its powers and functions under this Determination (other than this power of delegation) to:
(a) a member of the ACMA; or
(b) an associate member of the ACMA; or
(c) a member of the staff of the ACMA.
Schedule Available transmitter areas and ranges of frequencies
(clause 4)
Section 34 decision made on 15 August 1997
Section 34 decision made on 18 September 1997
Section 34 decision made on 20 February 1998
Section 34 decision made on 25 September 1998
Section 34 determination made on 4 February 1999
Section 34 determination made on 21 September 1999
Section 34 determination made on 1 February 2000
Section 34 determination made on 28 February 2002
Section 34 determination made on 29 July 2004
Section 34 determination made on 24 March 2005
Section 34 determination made on 31 August 2006
Section 34 determination made on 24 June 2010
Notes to the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996
Note 1
Note: The Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (in force under subsection 106 (1) of the Radiocommunications Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Note: > Note: Table of Instruments
| Title | Date made or FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |
|---|---|---|---|
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 | 30 Oct 1996 | 30 Oct 1996 | |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 1) | 21 Mar 1997 | 21 Mar 1997 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 2) | 24 Sept 1997 | 24 Sept 1997 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 3) | 13 Mar 1998 | 13 Mar 1998 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 4) | 24 Apr 1998 | 24 Apr 1998 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 5) | 25 Sept 1998 | 25 Sept 1998 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 6) | 22 Oct 1998 | 22 Oct 1998 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 7) | 4 Mar 1999 | 4 Mar 1999 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 8) | 21 Sept 1999 | 21 Sept 1999 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 9) | 11 Feb 2000 | 11 Feb 2000 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 10) | 27 Mar 2002 | 27 Mar 2002 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 11) | 13 Oct 2004 | 13 Oct 2004 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 12) | 11 Apr 2005 (see F2005L00882) | 12 Apr 2005 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (Amendment No. 13) | 21 Sept 2006 (see F2006L03140) | 22 Sept 2006 | — |
| Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Amendment Determination 2010 (No. 1) | 8 July 2010 (see F2010L01900) | 9 July 2010 | — |
<table cellspacing="0" cellpadding="0" style="margin-right:auto; margin-left:auto; border-collapse:collapse"><thead><tr><td colspan="2" style="width:405.7pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:111.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:283.8pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr></thead><tbody><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Part 1</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 2</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. Nos. 1 and 7; 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Note 1 to c. 2</span><span style="width:59.87pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...........</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. No. 7</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span></span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend0pt" style="margin-right:0pt"><span>rep. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Note 2 to c. 2</span><span style="width:59.87pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">...........</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>rep. No. 2</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 3</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 4</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. Nos. 1 and 7; 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Part 2</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 5</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. No. 7; 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 6</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 7</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 8</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Note to c. 8 (2)</span><span style="width:53.88pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.........</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>rep. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 9</span><span style="width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 11</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Part 3</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 13</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 14</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 15</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 16</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Part 4</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 19</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 20</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 23</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 24</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 25</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 27</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. No. 1; 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 28</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span style="font-weight:bold">Part 5</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 29</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 30</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 31</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 32</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 33</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. No. 7</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 34</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 35</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 37</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 38</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. No. 7; 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>Heading to c. 39</span><span style="width:47.86pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">........</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 39</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>C. 40</span><span style="width:91.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">................</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2010 No. 1</span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">Schedule</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:111.1pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; page-break-inside:avoid; page-break-after:avoid"><span>Schedule</span><span style="width:75.87pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block">.............</span></p></td><td style="width:283.8pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; page-break-inside:avoid; page-break-after:avoid"><span>rs. Nos. 1 and 2</span></p></td></tr><tr><td style="width:111.1pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:0pt; margin-right:0pt; margin-bottom:3pt"><span></span></p></td><td style="width:283.8pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-top:0pt; margin-right:0pt; margin-bottom:3pt"><span>am. Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13; 2010 No. 1</span></p></td></tr></tbody></table> ```Note: > Note: Table of Amendments
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996
as amended
made under subsection 106 (1) of the
Radiocommunications Act 1992
This compilation was prepared on 9 July 2010
taking into account amendments up to Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Amendment Determination 2010 (No. 1).
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
Part 1 Preliminary
1 Citation [see Note 1]
2 Purpose
3 Application of Determination
4 Interpretation
Part 2 Preparation for the issue of licences
5 Forms
6 Advertisements
7 Application fee
8 Applications
9 Registration of applicants
10 Lodgement of Form of Authority
11 Reserve price
Part 3 Issue of licence if there is only one registered applicant
12 Application of Part 3
13 Notice to nominated applicant
14 Payment of reserve price and lodging a Form of Acknowledgment
15 Reserve price not paid or Form of Acknowledgment not lodged
16 Issue of licence
17 Withdrawal of application
Part 4 Issue of licence if there is more than one registered applicant
18 Application of Part 4
19 Licence Allocation Exercise to be conducted
20 Notice of Licence Allocation Exercise
21 Withdrawal of application
22 Part 3 applies if all but one of the registered applicants withdraw before the Licence Allocation Exercise
23 Who may bid at Licence Allocation Exercise?
24 Bidding
25 Deposit and Form of Acknowledgment
26 Deposit not paid or Form of Acknowledgment not lodged
27 Payment of balance of price
28 Issue of licence
Part 5 Miscellaneous
29 Termination of advertised issue of a licence
30 Refund of reserve price, deposit and balance of price
31 New Licence Allocation Exercises and re-offer of licences
32 Licence not to be issued in certain circumstances
33 Duration of a licence
34 Extension of time
35 Notices
36 Cheques
37 Lodgment
38 Liability of person etc for failure to comply
39 ACMA may appoint agent
40 Delegation
Schedule Available transmitter areas and ranges of frequencies
Part 2
Part 3
Part 4
Part 5
Part 6
Notes
Part 1 Preliminary
1 Citation [see Note 1]
This Determination may be cited as the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996.
2 Purpose
This Determination sets out a price-based allocation system for the ACMA to issue Broadcasting (Narrowcasting) Transmitter Licences authorising the operation of transmitters for the provision of open narrowcasting services in the parts of the radiofrequency spectrum available for allocation under a section 34 determination.
3 Application of Determination
If the ACMA wishes to issue a licence to which this Determination applies, the ACMA may only issue the licence in accordance with the price-based allocation system set out in this Determination.
4 Interpretation
(1) In this Determination, unless the contrary intention appears:
ABA means Australian Broadcasting Authority.
ACMA means Australian Communications and Media Authority.
authorised agent means an individual for whom a Form of Authority has been lodged under subparagraph 8 (2) (b) (iii) or clause 10.
balance of the price, for a licence, means the difference between:
(a) the amount of the price bid for the licence by the nominated applicant or its authorised agent; and
(b) the amount of the deposit paid for the licence by the nominated applicant or its authorised agent.
Broadcasting (Narrowcasting) Transmitter Licence means a broadcasting licence, within the meaning of Radiocommunications (Definitions) Determination No. 2 of 1993, authorising the operation of a transmitter for the provision of an open narrowcasting service in a part of the radiofrequency spectrum available for allocation under a section 34 determination and specified in the Schedule.
Broadcasting Services Act means the Broadcasting Services Act 1992.
business day means a day that is not a Saturday, a Sunday or a public holiday in New South Wales.
company means:
(a) a company within the meaning of the Corporations Law; or
(b) a foreign corporation within the meaning of the Constitution.
complete, for a form, includes sign or seal, as the case requires.
Form of Acknowledgment means the form described in subclause 5 (5).
Form of Application means the form described in subclause 5 (4).
Form of Authority means the form described in subclause 5 (6).
Form of Indemnity and Guarantee means the form described in subclause 5 (8).
licence means a Broadcasting (Narrowcasting) Transmitter Licence.
Licence Allocation Exercise means the procedure set out under clause 24 for identifying a nominated applicant where there is more than one registered applicant for a licence.
lodge means lodge as required by the ACMA under clause 37.
nominated applicant, for a licence, means:
(a) if there is more than one registered applicant for the licence — the registered applicant who, or whose authorised agent, has bid an amount that is:
(i) the highest bid for that licence; and
(ii) at least the reserve price for the licence;
at a Licence Allocation Exercise held for the licence; or
(b) if there is only one registered applicant for the licence — the registered applicant.
open narrowcasting service has the meaning it has in section 18 of the Broadcasting Services Act.
Radcom Act means the Radiocommunications Act 1992.
registered applicant means an applicant for whom an application has been registered and allotted a unique registration number by the ACMA under clause 9.
reserve price, for a licence, means the reserve price set by the ACMA under clause 11.
section 34 determination means a decision made by the ABA or the ACMA on a date specified in the Schedule, under subsection 34 (1) of the Broadcasting Services Act, that specified parts of the radiofrequency spectrum are available for allocation during a specified period for the provision of open narrowcasting services.
Note Because of subsection 46 (1) of the Acts Interpretation Act 1901, an expression used in this Determination and the Radcom Act has the same meaning in this Determination as in the Act.
(2) Unless the contrary intention appears a day is taken to end, for the purposes of this Determination (other than clause 33), at 4 p.m. according to the standard time in effect on that day in Sydney.
Part 2 Preparation for the issue of licences
5 Forms
(1) The ACMA is to provide the forms that an applicant must complete, and this clause lists the forms and describes the content of each one.
(2) An applicant must use only a form provided by the ACMA, or a photocopy of the form.
(3) A form may require an applicant to disclose relevant information that the ACMA considers necessary, in addition to the information described in this clause.
Form of Application
(4) The ACMA is to provide a Form of Application that, when completed by an applicant, will:
(a) show the applicant’s name; and
(b) identify the licence for which the applicant is applying.
Form of Acknowledgment
(5) The ACMA is to provide a Form of Acknowledgment that, when completed by a nominated applicant, will contain statements to the following effect:
(a) that the nominated applicant has relied solely on:
(i) its own skill, judgment and investigations; or
(ii) the skill, judgment and investigations of persons acting on its behalf;
in applying for the licence mentioned in the form and in forming its opinion of the value of the licence; and
(b) that the nominated applicant is aware that becoming a nominated applicant does not entitle it to be issued a licence; and
(c) that the nominated applicant is aware that a licence will not be issued to it if the full amount payable under this Determination for the issue of the licence has not been paid by the nominated applicant or its authorised agent; and
(d) that the nominated applicant is aware that the fact that the nominated applicant, or its authorised agent, is the highest bidder at any Licence Allocation Exercise for the licence does not, of itself, entitle the nominated applicant to be issued the licence; and
(e) that the nominated applicant is aware that it may be liable to the ACMA in damages for any loss suffered by the ACMA as a result of conduct of the nominated applicant or its authorised agent.
Note See clause 38 regarding applicant’s liability.
Form of Authority
(6) The ACMA is to provide a Form of Authority that, when completed by an applicant, will authorise the person named as agent in the form:
(a) to bid at the Licence Allocation Exercise (if any) that is held for the licence mentioned in the form; and
(b) if the applicant becomes the nominated applicant for the licence by way of a Licence Allocation Exercise, to:
(i) pay the deposit for the licence on behalf of the applicant; and
(ii) complete and lodge, on behalf of the applicant, the Form of Acknowledgment for the licence; and
(c) to do anything else that is reasonably necessary or incidental to the things set out in paragraphs (a) and (b).
(7) Each Form of Authority must relate to the authorisation of only one agent.
Form of Indemnity and Guarantee
(8) The ACMA is to provide a Form of Indemnity and Guarantee in the form of a deed that will, when completed, give the ACMA:
(a) an indemnity by an applicant against any loss or costs that the ACMA may suffer or incur as a result of any act, default or omission by the applicant or its authorised agent at any stage during an advertised issue of the licence that is mentioned in the form; and
(b) if the applicant is a company or incorporated association — a similar indemnity by a director or office-bearer of the applicant in case the applicant is called on to perform its obligations under its indemnity and fails to do so.
6 Advertisements
(1) The ACMA must advertise the proposed issue of a licence in a newspaper that it considers appropriate.
(2) The advertisement must:
(a) include an invitation for applications for the licence that comply with the requirements of this Determination; and
(b) include a statement that the ACMA proposes to issue the licence in accordance with the system set out in this Determination; and
(c) describe the geographic location for which the ACMA proposes to issue the licence; and
(d) specify the nominal carrier frequency or channel on which the licence is proposed to authorise the operation of a transmitter for the provision of open narrowcasting services; and
(e) specify the closing date and time for an application for the licence; and
(f) give details of:
(i) the application fee to be paid by the applicant; and
(ii) how it must be paid; and
(g) give details of how to obtain further information, in particular, details of how to obtain an information package that includes forms necessary for taking part in the advertised issue of the licence.
(3) An advertisement may include any other information relating to a licence, in particular, information relating to the issue of a licence.
(4) The ACMA may change a matter that is set out in an advertisement.
(5) If the ACMA changes a matter set out in an advertisement, or any of the information in an advertisement becomes out of date or is found to be incorrect after the advertisement is published, the ACMA must publish an advertisement giving the new or correct information in the same way in which the original advertisement was published.
7 Application fee
The ACMA must set an amount as the application fee for a licence that takes account of the administrative costs of the ACMA in issuing licences under this Determination.
8 Applications
(1) A person:
(a) may apply for more than one licence; and
(b) may make only one application for any one licence; and
(c) must make a separate application for each licence for which it wishes to apply.
(2) The ACMA may accept an application for a licence only if:
(a) the applicant is a person; and
(b) on or before the closing date and time for the application set out in the advertisement under subclause 6 (2) or (5):
(i) the applicant has lodged a completed and legible Form of Application; and
(ii) the applicant has lodged a completed and legible Form of Indemnity and Guarantee; and
(iii) if the applicant is a company or incorporated association — the applicant has lodged at least one completed and legible Form of Authority; and
(iv) the applicant has paid the application fee in accordance with the advertisement.
9 Registration of applicants
If the ACMA accepts an application under subclause 8 (2), the ACMA must register the application and allot to the application a unique registration number.
10 Lodgement of Form of Authority
In addition to subparagraph 8 (2) (b) (iii), any registered applicant for a licence may lodge a completed and legible Form of Authority not later than 2 business days before the day of the Licence Allocation Exercise (if any) that may be held for the licence.
Note The ABA must not accept an application for a licence from an applicant that is a company or incorporated association unless the applicant has lodged at least one completed and legible Form of Authority: see subparagraph 8 (2) (b) (iii).
11 Reserve price
On or before the closing date and time for applications for a licence advertised under subclause 6 (2) or (5), the ACMA must set a reserve price for the licence.
Note If Part 3 applies to the issue of a licence, the reserve price for the licence becomes the total price of the licence.
Part 3 Issue of licence if there is only one registered applicant
12 Application of Part 3
This Part applies if, at the closing date and time for applications for a licence advertised under subclause 6 (2) or (5), there is only one registered applicant for the licence.
13 Notice to nominated applicant
Before the end of 5 business days after the closing date for applications for a licence advertised under subclause 6 (2) or (5), the ACMA must give the nominated applicant for the licence:
(a) a notice setting out:
(i) that the nominated applicant is the only registered applicant for the licence; and
(ii) the amount of the reserve price for the licence; and
(iii) the account into which the reserve price must be paid; and
(iv) the last day when the nominated applicant may pay the reserve price and lodge a completed and legible Form of Acknowledgment; and
(v) the last day when the nominated applicant may withdraw its application; and
(b) a Form of Acknowledgment for completion.
Note A nominated applicant is described in subclause 4 (1).
14 Payment of reserve price and lodging a Form of Acknowledgment
On or before the day notified under subparagraph 13 (a) (iv), the nominated applicant must:
(a) pay the reserve price for the licence by electronic funds transfer to the account notified under paragraph 13 (a), or as directed by the ACMA; and
(b) lodge a completed and legible Form of Acknowledgment.
15 Reserve price not paid or Form of Acknowledgment not lodged
(1) If the nominated applicant fails to comply with clause 14 in relation to a licence, the nominated applicant ceases to be the nominated applicant for the licence.
(2) However, the person is taken to have continued to be the nominated applicant for the licence after the day notified under subparagraph 13 (a) (iv) if the ACMA:
(a) extends the period for compliance with clause 14 after that day; and
(b) has not re-offered the licence in accordance with subclause 31 (2) before attempting to extend the period.
16 Issue of licence
(1) Subject to clause 29, and if none of the circumstances in clause 32 exists, the ACMA must issue the licence to the nominated applicant as soon as reasonably practicable after the nom
This is an opening excerpt, not the complete document.