Document ID: chunk:federal_register_of_legislation:F2024L01192:reg:22
Version: federal_register_of_legislation:F2024L01192
Segment Type: reg
Provision Reference: reg 22
Character Range: 19003–21488

22  Licence Allocation Exercise
 (1) A Licence Allocation Exercise for an HPON licence is a process conducted in accordance with this section.
 (2) The ACMA:
 (a) may, before or after the commencement time, set a price (the opening price) for an HPON licence, below which no bid may be made; and
 (b) if the ACMA sets an opening price – must announce the opening price as soon as reasonably practicable to the persons who may bid on the licence.
 (3) The opening price for an HPON licence must be not greater than the reserve price for the licence.
 (4) After the commencement time, a person may, in accordance with any instructions given by the ACMA, bid on the HPON licence at a price that is not less than the opening price (if any). A person must use the bidding number or unique log on details provided to them under subsection 21(3) when bidding.
 (5) If:
 (a) no person bids an amount equal to or greater than the reserve price for the HPON licence; and
 (b)  the ACMA is satisfied that no person is likely to bid an amount equal to or greater than the reserve price;
  the ACMA must terminate the Licence Allocation Exercise for the licence.
 (6) If a dispute arises during a Licence Allocation Exercise for an HPON licence concerning:
 (a) a bid; or
 (b) a person's entitlement to bid; or
 (c) the conduct of the Licence Allocation Exercise;
  the ACMA must determine the dispute, and must then, as it considers appropriate:
 (d) continue the Licence Allocation Exercise; or
 (e) terminate the Licence Allocation Exercise; or
 (f) set a price (the re-start price) for the licence, below which no bid may be made, and continue the Licence Allocation Exercise.
 (7) If paragraph (6)(f) applies, a person may, after the Licence Allocation Exercise is continued, bid on the HPON licence at a price that is not less than the re-start price.
 (8) If, at a time:
 (a) at least one person has bid on an HPON licence for an amount that is equal to or greater than the reserve price; and
 (b) the ACMA is satisfied that no bids for the licence will be made after the time;
  the ACMA may close the Licence Allocation Exercise.
 (9) Subject to subsection (10), if a Licence Allocation Exercise for an HPON licence is terminated under this section, the ACMA must not issue the licence.
 (10) Subsection (9) does not apply to the issue of an HPON licence:
 (a) in accordance with section 35; or
 (b) as a result of the ACMA publishing another notice under subsection 8(1) for the licence.