5Forms

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