Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence — Allocation) Amendment Determination 2006 (No. 1) (Cth)
Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence — Allocation) Amendment Determination 2006 (No. 1)
Radiocommunications Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 106 (1) of the Radiocommunications Act 1992.
Dated 21st December 2006
[Signed]
Chris Chapman
Chairman
[Signed]
Lyn Maddock
Deputy Chair
Australian Communications and Media Authority
Name of Determination
This Determination is the Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence — Allocation) Amendment Determination 2006 (No. 1).
Commencement
This Determination commences on the day after it is registered.
Amendment of Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence — Allocation) Determination 2001
Schedule 1 amends the Radiocommunications (Broadcasting (Low Power Open Narrowcasting) Transmitter Licence — Allocation) Determination 2001.
Schedule 1 Amendments
(section 3)
[1] Subsection 1.5 (1), definition of ACA
substitute
ACMA means the Australian Communications and Media Authority.
[2] Paragraph 2.4 (b)
omit
substantially in accordance with Schedule 1
[3] Subsection 2.5 (1)
omit
the ACA
insert
ACMA, on behalf of the Commonwealth,
[4] Subsection 2.5 (2)
omit
the ACA
insert
ACMA, on behalf of the Commonwealth,
[5] Subsection 2.5 (3)
omit
the ACA
insert
ACMA, on behalf of the Commonwealth,
[6] Paragraph 2.5 (4) (a)
omit
the ACA
insert
ACMA, on behalf of the Commonwealth,
[7] Subparagraph 2.5 (4) (b) (ii)
omit
the ACA
insert
ACMA
[8] Subsection 2.5 (5)
omit
the ACA’s bank account, details of which are as follows
insert
the following bank account
[9] Paragraph 2.5 (5) (e)
omit
Australian Communications Authority Clearing Account.
insert
ACMA Official Administered Receipts Account.
[10] Subsection 2.5 (6)
omit
the ACA’s bank account
insert
the bank account mentioned in subsection (5)
[11] Subsection 2.5 (7)
omit
the ACA
insert
ACMA on behalf of the Commonwealth
[12] Subsection 3.2 (2)
omit
by fax or by letter (if the ACA does not know the applicant’s fax number)
insert
in writing,
[13] Subsection 4.10 (1)
omit
other than a verified telephone bidder
[14] Section 6.3
substitute
6.3 Liability for failure to comply with auction payment requirements
(1) If a successful applicant does not pay the balance of the bid price, in accordance with this Determination:
(a) the applicant ceases to be entitled to be allocated the lot and the transmitter licence represented by the lot; and
(b) the auction deposit is forfeited; and
(c) the applicant is taken to be in default of its financial obligations to ACMA, on behalf of the Commonwealth, under this Determination and is liable to pay to ACMA, on behalf of the Commonwealth, the default amount which shall be 10 percent of the bid price; and
(d) the lot may be treated as an unallocated lot under section 4.14.
(2) The total of the default amount to ACMA, on behalf of the Commonwealth, under this section:
(a) is a debt due to ACMA, on behalf of the Commonwealth; and
(b) is recoverable by ACMA, on behalf of the Commonwealth, from the successful applicant in a court of competent jurisdiction.
[15] Subsection 7.2 (3)
omit
the purposes of the ACA
insert
the purposes of the Commonwealth
[16] Schedule 1
omit
[17] Further amendments — section headings
| Provision | Substitute |
| Section 2.1, heading | 2.1 Publication of notice by ACMA |
| Section 2.5, heading | 2.5 Payment of monies due to ACMA |
| Section 4.12, heading | 4.12 Identification and verification to ACMA |
| Section 7.1, heading | 7.1 ACMA not liable under the allocation system |
| Section 7.3, heading | 7.3 Recovery of damages by ACMA |
| Section 7.4, heading | 7.4 Giving of information by ACMA |
| Section 7.6, heading | 7.6 Refund of payments to ACMA |
[18] Further amendments — single replacements of ‘ACA’ with ‘ACMA’
| Provision | omit | insert |
| Subsection 1.4 | The ACA | ACMA |
| Subsection 1.5 (1), definition of application form | the ACA | ACMA |
| Subsection 1.5 (1), definition of auction deposit | the ACA | ACMA |
| Subsection 1.5 (1), definition of Deed of Acknowledgment | the ACA | ACMA |
| Subsection 1.5 (1), definition of entry fee | the ACA | ACMA |
| Subsection 1.5 (1), definition of Form of Authority | the ACA | ACMA |
| Subsection 1.5 (1), definition of reserve price | the ACA | ACMA |
| Subsection 1.5 (1), definition of the planning model | the ACA | ACMA |
| Subsection 1.5 (1), definition of transmitter licence | the ACA | ACMA |
| Subsection 2.1 (3) | The ACA | ACMA |
| Section 2.4 | The ACA | ACMA |
| Section 3.1, including the note to subsection 3.1 (3) | the ACA | ACMA |
| Subsection 3.1 (3), note | the ACA’s | ACMA’s |
| Subsection 3.4 (1) | The ACA | ACMA |
| Subsection 3.4 (2) | the ACA | ACMA |
| Section 3.5 | the ACA | ACMA |
| Section 4.2 | The ACA | ACMA |
| Section 4.3 | The ACA | ACMA |
| Subsection 4.6 (2) | the ACA | ACMA |
| Subsection 4.8 (1) | The ACA | ACMA |
| Paragraph 4.11 (2) (b) | the ACA | ACMA |
| Subsection 4.13 (1) | the ACA | ACMA |
| Subsection 4.13 (2) | The ACA | ACMA |
| Section 4.15 | The ACA | ACMA |
| Section 7.1 | The ACA | ACMA |
| Subsection 7.2 (2) | the ACA | ACMA |
| Subsection 7.2 (3) | The ACA | ACMA |
| Section 7.3 | the ACA | ACMA |
| Section 7.4 | the ACA | ACMA |
| Section 7.5 | The ACA | ACMA |
| Section 7.5 | the ACA | ACMA |
[19] Further amendments — multiple replacements of ‘ACA’ with ‘ACMA’
| Provision | omit each mention of | insert |
| Subsection 1.5 (1), definition of closing date | the ACA | ACMA |
| Section 2.1 | the ACA | ACMA |
| Section 2.2 | the ACA | ACMA |
| Section 2.3 | the ACA | ACMA |
| Section 3.2 | the ACA | ACMA |
| Section 3.3 | The ACA | ACMA |
| Section 3.3 | the ACA | ACMA |
| Section 3.6 | the ACA | ACMA |
| Section 4.5 | the ACA | ACMA |
| Section 4.5 | The ACA | ACMA |
| Section 4.7 | the ACA | ACMA |
| Section 4.8 | the ACA | ACMA |
| Section 4.9 | the ACA | ACMA |
| Section 4.10 | the ACA | ACMA |
| Section 4.12 | the ACA | ACMA |
| Subsection 4.14 (2) | the ACA | ACMA |
| Section 5.2 | the ACA | ACMA |
| Section 6.2, including the note to subsection 6.2 (1) | the ACA | ACMA |
| Subsection 7.2 (1) | the ACA | ACMA |
| Section 7.6 | the ACA | ACMA |
0
0
0