31New Licence Allocation Exercises and re-offer of licences

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.