Document ID: chunk:federal_register_of_legislation:F2018L00366:reg:7:p1
Version: federal_register_of_legislation:F2018L00366
Segment Type: reg
Provision Reference: reg 7 (pt 1/2)
Character Range: 5600–8455

7  Forms

    (1)   The ACMA may approve forms for the purposes of this Determination.

    (2)   An applicant must use only a form approved by the ACMA.

       (3)   A form may require an applicant to disclose relevant information or provide documents that the ACMA considers necessary, in addition to the information or documents required to be part of the form by this section.

       Form of Application

       (4) The ACMA may approve a Form of Application that, when completed by an applicant, will:
        (a)   show the applicant's name;
        (b) nominate a contact person to whom notices may be given; and
           (c)   identify the commercial broadcasting licence for which the applicant is applying.

       Deed of Acknowledgment

       (5)   The ACMA may approve a Deed of Acknowledgment that, when completed by an applicant, will contain statements to the following effect:
           (a)   that the applicant will rely 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 commercial broadcasting licence mentioned in the Deed and in forming its opinion of the value of the licence; and
           (b)   that the applicant is aware that becoming a successful applicant does not entitle it to be allocated a licence; and
           (c)   that the applicant is aware that the fact that the applicant, or its authorised agent, is the highest bidder at any Licence Allocation Exercise for the licence does not, of itself, entitle the applicant to be allocated the licence; and
           (d)   that the applicant is aware that a licence will not be allocated to it if the full amount payable under this Determination for the allocation of the licence has not been paid by the applicant or its authorised agent; and
           (e)   that the 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 applicant or its authorised agent; and
           (f) that the applicant agrees to be bound by the obligations contained in this Determination.

       Form of Authority

       (6)   The ACMA may approve 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 commercial broadcasting licence mentioned in the Form; and
           (b)   to do anything else that is reasonably necessary for or incidental to the matter set out in paragraph (a).

    (7)   Each Form of Authority must relate to the authorisation of only one agent.

       Form of Indemnity and Guarantee

       (8)   The ACMA may approve a Form of Indemnity and Guarantee in the form of a deed that will, when