Document ID: chunk:federal_register_of_legislation:C2024C00823:section:60:p1
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 60 (pt 1/3)
Character Range: 111370–114159

60  Procedures for allocating spectrum licences
 (1) The ACMA must determine, in writing, the procedures to be applied in allocating spectrum licences under this Subdivision:
 (a) by auction; or
 (b) by tender; or
 (c) by allocation for a pre‑determined price or a negotiated price; or
 (d) by direct allocation; or
 (e) by a combination of any or all of the following:
 (i) auction;
 (ii) tender;
 (iii) allocation for a pre‑determined price or a negotiated price;
 (iv) direct allocation.
 (2) The procedures, so far as they deal with allocation by auction may, for example, deal with any of the following matters:
 (a) the types of auction;
 (b) advertising of auctions;
 (c) entry fees for prospective bidders;
 (ca) eligibility requirements (if any) for participation in auctions;
 (cb) credits (if any) for prospective bidders;
 (d) reserve prices (if any);
 (e) deposits (if any) payable by successful bidders;
 (f) methods of payment for licences.
 (3) The procedures, so far as they deal with allocation by tender may, for example, deal with any of the following matters:
 (a) the types of tender;
 (b) advertising of tenders;
 (c) entry fees for prospective tenderers;
 (ca) eligibility requirements (if any) for submission of a tender;
 (cb) credits (if any) for prospective tenderers;
 (d) reserve prices (if any);
 (e) the method for resolving which of 2 or more equal tenders is to be successful;
 (f) deposits (if any) payable by successful tenderers;
 (g) methods of payment for licences.
 (4) The procedures, so far as they deal with allocation for a pre‑determined or negotiated price may, for example, deal with any of the following matters:
 (a) the way in which prices are to be determined or negotiated;
 (b) advertising of proposed allocations;
 (ba) eligibility requirements (if any) for prospective licensees;
 (bb) credits (if any) for prospective licensees;
 (c) methods of payment for licences.
 (5) Procedures determined under subsection (1) may:
 (a) impose limits on the aggregate of the parts of the spectrum that:
 (i) under transmitter licences; and
 (ii) under existing spectrum licences; and
 (iii) as a result of the allocation of spectrum licences under this Subdivision;
  may be used by:
 (iv) any one person; or
 (v) a specified person; or
 (b) impose limits on the aggregate of the parts of the spectrum that:
 (i) under transmitter licences; and
 (ii) under existing spectrum licences; and
 (iii) as a result of the allocation of spectrum licences under this Subdivision;
  may, in total, be used by the members of a specified group of persons.
Note: Persons or groups may be specified by name, by inclusion in a specified class or in any other way.
 (6) A limit imposed as mentioned in subsection (5) may be expressed to apply in relation to any