10

10  Payments of amounts

 (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) The amount must be paid by bank cheque or electronic transfer.

 (4) An amount that is paid by electronic transfer must be made by any of the following methods:

 (a) direct transfer into the bank account that has the following details:

 (i) Bank – ANZ Bank;

 (ii) Branch – Belconnen;

 (iii) BSB number – 012-951;

 (iv) Account number – 8379 24272;

 (v) Account name – ACMA Official Administered Receipts;

 (b) for a winning bidder’s balance of the winning price – BPAY payment:

 (i) only if, under Schedule 5, a winning bidder has been notified by the ACMA of the bidder’s balance of the winning price; and

 (ii) using the electronic payment scheme called BPAY, operated in co-operation between Australian financial institutions, which enables a person to make a payment as a participant in BPAY, either via telephone or internet access;

 (c) for a winning bidder’s balance of the winning price – credit card payment:

 (i) only if, under Schedule 5, a winning bidder has been notified by the ACMA of the bidder’s balance of the winning price; and

 (ii) into the bank account with the details set out in paragraph (a).

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

 (a) the ACMA receives a bank cheque for that amount on or before the deadline; or

 (b) both:

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

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

 (c) 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 deadline.

 (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 subsection (6) is that an applicant or bidder must add the value of any bank charge or government duty to the amount of a payment.

 (7) If an amount payable under this instrument is not an amount of whole dollars, the amount is rounded up to the next dollar.

 (8) If an amount is paid, or is to be paid, to the ACMA under this instrument, it is paid, or it is to be paid, to the ACMA on behalf of the Commonwealth.

 (9) If an amount is paid, or is to be paid, by the ACMA under this instrument, it is paid, or it is to be paid, by the ACMA on behalf of the Commonwealth.

Note: This section also applies to spectrum access charges payable under section 294 of the Act. As such, this section relates to Division 2 of Part 6 of this instrument and is disallowable under section 42 of the Legislation Act 2003.