Document ID: chunk:federal_register_of_legislation:F2015L01440:body:0:p11
Version: federal_register_of_legislation:F2015L01440
Segment Type: other
Provision Reference: 
Character Range: 24912–27485

specified in the licence as the day it comes into force.
 (3) The transmitter licence remains in force for the period specified in the licence, starting on the day specified in the licence as the day it comes into force.
Note   This is a period of up to of 5 years — see section 103 of the Act.
6.2 Issue of licence to successful applicant
 (1) Subject to subsection (2) the successful applicant shall be issued a transmitter licence if the successful applicant:
 (a) pays the balance of the bid price for the lot in accordance with subsection 4.13 (3) or pays the reserve price in accordance with paragraph 5.2 (2) (a), as the case may be, and in accordance with section 2.5; and
 (b) applies for the licence under section 99 of the Act within 10 business days after the date of a notice issued to the successful applicant pursuant to subsection 4.13 (2) or subsection 5.2 (1), as the case may be; and
 (c) pays the transmitter licence tax under the Radiocommunications (Transmitter Licence Tax) Act 1983.
Note   In issuing the licence, the ACMA must comply with Part 3.3 of the Act.
 (2) If the ACMA has terminated an advertised allocation under this Determination all successful applicants shall cease to be entitled to be issued a transmitter licence.
6.3 Liability for failure to comply with auction payment requirements
 (1) If a successful applicant does not pay the balance of the bid price, in accordance with this Determination:
 (a) the applicant ceases to be entitled to be allocated the lot and the transmitter licence in relation to the lot;
 (b) the auction deposit is forfeited; and
 (c) the applicant is taken to be in default of its financial obligations to the ACMA, on behalf of the Commonwealth, under this Determination and is liable to pay to the ACMA, on behalf of the Commonwealth, the default amount which shall be 10 percent of the bid price; and
 (d) the lot may be treated as an unallocated lot under section 4.14.
 (2) The total of the default amount payable to the ACMA, on behalf of the Commonwealth, under this section:
 (a) is a debt due to the ACMA, on behalf of the Commonwealth; and
 (b) is recoverable by the ACMA, on behalf of the Commonwealth, from the successful applicant in a court of competent jurisdiction.
Part 7 Miscellaneous
7.1 ACMA not liable under the allocation system
  The ACMA is not liable to pay damages or costs arising from an act or omission of any person in relation to the allocation procedures set out in this Determination.

7.2 Information provided by applicant
 (1) A document given to the ACMA by a person