Document ID: chunk:federal_register_of_legislation:F2024L01192:reg:35:p1
Version: federal_register_of_legislation:F2024L01192
Segment Type: reg
Provision Reference: reg 35 (pt 1/2)
Character Range: 28005–30708

35  New Licence Allocation Exercise and re-offer of licence
 (1) If, at the closing date and time for an HPON licence, there are no registered applicants for the licence, the ACMA may publish another notice under subsection 8(1) for the licence.

 (2) If a Licence Allocation Exercise (the relevant Exercise) for an HPON licence commences, and the relevant Exercise is terminated before it ends, the ACMA may decide that a new Licence Allocation Exercise will be conducted for the licence.
 (3) If the ACMA makes a decision under subsection (2):
 (a) the ACMA must announce to registered applicants the time the new Licence Allocation Exercise commences; and
 (b) Part 4 (other than sections 16, 17 and 18) applies to the new Licence Allocation Exercise; and
 (c) a registered applicant for the licence continues to be a registered applicant for the licence, and is not required to re-apply or pay another application fee; and
 (d) an authorised agent of a registered applicant for the allocation of the licence continues to be an authorised agent of a registered applicant for the allocation of the licence; and
 (e) the reserve price for the licence remains in force.
 (4) If:
 (a) the successful applicant for an HPON licence ceases to be the successful applicant; or
 (b) an HPON licence is not issued to the successful applicant for the licence; or
 (c) the issue of an HPON licence is terminated;
  the ACMA may publish another notice under subsection 8(1) for the licence.
 (5) If the ACMA publishes another notice under subsection 8(1) for an HPON licence:
 (a) subject to paragraphs (b) and (c), sections 8, 13, 14 and 15 must be complied with as if a notice had not previously been published; and
 (b) subject to subsection (6), a registered applicant for the licence continues to be a registered applicant for the licence, and is not required to re-apply or pay another application fee; and
 (c) subject to subsection (6), an authorised agent of a registered applicant for the allocation of the licence continues to be an authorised agent of the applicant for the allocation of the licence; and
 (d) the application fee and reserve price for the licence remain in force.
 (6) If the ACMA publishes another notice under subsection 8(1) for an HPON licence because the successful applicant (the former successful applicant) did not comply with section 23, subsection 25(1) or section 29:
 (a) the former successful applicant ceases to be a registered applicant for the licence;
 (b) an authorised agent of the former successful applicant for the allocation of the licence ceases to be an authorised agent of the former successful applicant for the allocation of the licence; and
 (c) the former