Document ID: chunk:federal_register_of_legislation:C2011C00171:clause:1_3:p2
Version: federal_register_of_legislation:C2011C00171
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/4)
Character Range: 15181–18029

of the eligible joint venturer; and
 (c) the special purpose company is registered as a company under Part 2A.2 of the Corporations Act 2001 and has a share capital.

Application by special purpose company

 (7) If a notice is given under subsection (6), the special purpose company must:
 (a) apply in writing to the ACMA for a commercial television broadcasting licence for the licence area specified in the notice; and
 (b) do so within 28 days after the notice is given.

Allocation of licence to special purpose company

 (8) If only one special purpose company makes an application under subsection (7) in relation to a licence area specified in column 1 of the table in subsection (1), the ACMA must:
 (a) allocate a commercial television broadcasting licence to the special purpose company for the licence area; and
 (b) do so within 28 days after the application is received.

 (9) If the ACMA receives applications from 2 or more special purpose companies under subsection (7) in relation to a licence area specified in column 1 of the table in subsection (1), the ACMA must allocate a commercial television broadcasting licence to one of those companies for the licence area in accordance with a price‑based system determined under subsection (11).

 (10) Subsections (8) and (9) have effect subject to section 37.

Price‑based system for allocating licences where 2 or more applications have been received.

 (11) The ACMA may, by written instrument, determine a price‑based system for allocating commercial television broadcasting licences under subsection (9).

 (12) A instrument made under subsection (11) is not a legislative instrument.

 (13) The Minister may, by legislative instrument, give specific directions to the ACMA in relation to the power conferred by subsection (11). Directions may be to include in a determination specified reserve prices for licences, and those reserve prices may be different for licences in different licence areas.

 (14) If a commercial television broadcasting licence is allocated under subsection (9), the ACMA must, unless the price‑based allocation system adopted was public, publish in the Gazette:
 (a) the name of the successful applicant; and
 (b) the amount that the applicant agreed to pay to the Commonwealth for the allocation of the licence.

Cancellation of licence—services not provided

 (15) If:
 (a) the licensee of a licence allocated under this section is contravening a licence condition set out in:
 (i) clause 7B of Schedule 2; or
 (ii) clause 7C of Schedule 2; and
 (b) the ACMA is satisfied that 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