Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_3:p3
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 3/4)
Character Range: 17761–20538

the contravention is not due to:
 (i) technical circumstances that are beyond the licensee's control; or
 (ii) unforeseen circumstances that are beyond the licensee's control; or
 (iii) circumstances specified in the regulations; and
 (c) the ACMA gives the licensee a written notice warning the licensee that, if the contravention continues for 30 days, the licence may be cancelled; and
 (d) 30 days pass after the notice is given, and the contravention continues;
the ACMA must, by written notice given to the licensee, cancel the licence.

 (16) The cancellation takes effect:
 (a) when the notice of cancellation is given to the licensee; or
 (b) if a later time is specified in the notice of cancellation—at that later time.

Allocation of licence after cancellation etc.

 (17) If:
 (a) the ACMA gives a notice under subsection (15) to a licensee, cancelling the licence for a licence area; or
 (b) both:
 (i) no notice is given under subsection (2) in relation to a licence area; and
 (ii) no notice is given under subsection (6) in relation to a licence area; or
 (c) a joint‑venture company for a licence area contravenes subsection (3); or
 (d) both:
 (i) there is only one special purpose company for a licence area; and
 (ii) the special purpose company contravenes subsection (7); or
 (e) both:
 (i) there are 2 or more special purpose companies for a licence area; and
 (ii) each of those special purpose companies contravene subsection (7);
the ACMA must, within 45 days after:
 (f) if paragraph (a) applies—the giving of the notice; or
 (g) if paragraph (b) applies—the the last day on which a notice could have been given under subsection (6) in relation to the licence area; or
 (h) if paragraph (c), (d) or (e) applies—the contravention;
advertise, in a manner determined by the ACMA, for applications for a licence to be allocated under subsection (23) for the licence area.

 (18) Before commencing to advertise under subsection (17), the ACMA must, by legislative instrument, determine the eligibility requirements that must be met by persons applying for a licence in response to such an advertisement.

 (19) The eligibility requirements determined under subsection (18) must include that the applicant has the capacity to provide the services that the licensee will be required to provide under clauses 7B, 7C and 7D of Schedule 2. This subsection does not limit other eligibility requirements that may be determined under subsection (18).

 (20) The Minister may, by legislative instrument, direct the ACMA about the exercise of its powers under subsection (18).

 (21) The ACMA must include in an advertisement under subsection (17):
 (a) a description of the matter mentioned in the applicable paragraph of subsection (17); and
 (b) the date on or