Document ID: chunk:federal_register_of_legislation:F2020L01450:clause:6_15:p1
Version: federal_register_of_legislation:F2020L01450
Segment Type: clause
Provision Reference: sch 6 cl 15 (pt 1/2)
Character Range: 17503–20193

15  Issue of licences and payment of spectrum access charge
 (1)  If, under subclause 3(2) of Schedule 4 to the allocation determination, a winning bidder gives the ACMA written notice that it elects to pay the winning price in full, the ACMA will issue a spectrum licence to the winning bidder as soon as practicable after the winning bidder pays to the ACMA, on behalf of the Commonwealth, the balance of the winning price in accordance with the allocation determination.

Note: If no election is made by the required date, see subclause 3(6) of Schedule 4 to the allocation determination.
 (2) If, under subclause 3(3) of Schedule 4 to the allocation determination, a winning bidder gives the ACMA written notice that it elects to pay the winning price in instalments (the instalment election notice), the ACMA will issue a spectrum licence to the winning bidder as soon as practicable after all of the following have occurred:

 (a) the ACMA has notified the winning bidder that it has received the instalment election notice; and
 (b) the winning bidder provides the ACMA with a bank guarantee in a manner, and of a kind, that complies with this section; and
 (c) the ACMA has reached an agreement with the winning bidder for the payment of the winning price under paragraph 62(2)(b) of the Act (instalment agreement); and
 (d) the winning bidder has paid the first instalment minus any eligibility payment already made, in accordance with subclause 4(2) of Schedule 4 to the allocation determination and the instalment agreement.
Note: In accordance with subsection 6(2) of the Radiocommunications (Spectrum Access Charges – 26 GHz Band) Direction 2020, the ACMA must not reach an agreement for the payment of the winning price in instalments unless it has been provided with a bank guarantee that meets certain requirements.
 (3) For the purposes of paragraph (2)(b), the bank guarantee must be given to the ACMA no later than 10 days after the ACMA has notified the winning bidder that it has received the winning bidder's instalment election notice, in accordance with paragraph (2)(a) (or, if the ACMA agrees to a later time, the agreed time).

 (4) For the purposes of paragraph (2)(b), a bank guarantee may be provided to the ACMA only by:

 (a) delivering it to the physical address specified in the applicant information package; or
 (b) subject to subsections (5) and (6), emailing it to the email address specified in the applicant information package.
 (5) If a bank guarantee is provided to the ACMA by email, the bank guarantee must be:

 (a) included as an attachment; and
 (b) in PDF format or another format approved by the auction manager.
 (6) If a bank guarantee is