Document ID: chunk:federal_register_of_legislation:F2018L00366:reg:38:p1
Version: federal_register_of_legislation:F2018L00366
Segment Type: reg
Provision Reference: reg 38 (pt 1/2)
Character Range: 29280–32184

38  New Licence Allocation Exercise and re-offer of licence

       (1)   If, at the closing date and time for applications for a licence included in a notice published under subsection 38(1) of the Broadcasting Services Act 1992, there are no registered applicants for the licence, the ACMA may re-offer the licence for allocation.

       (2)   If a Licence Allocation Exercise (the relevant Exercise) is held for a licence, and:
        (a)   the relevant Exercise is terminated; or
           (b)   the successful applicant for the licence ceases to be the successful applicant; or
        (c)   the licence is not allocated to the successful applicant; or
        (d) the proposed allocation of the licence is terminated;
       the ACMA may hold a new Licence Allocation Exercise for the licence on the same day as the relevant Exercise, or may re-offer the licence for allocation.

       (3)   If, under subsection (2), a new Licence Allocation Exercise is to be held for the licence on the same day as the relevant Exercise:
           (a) the ACMA must announce publicly (at the place where the relevant Exercise was held) the time when, and the place where, the new Licence Allocation Exercise is to be held; and
           (b) Part 4 (other than sections 16, 17, 18 and 23) 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 for the licence continues to be an authorised agent for the licence; and
        (e) the reserve price for the licence remains in force.

       (4)   If Part 5 applies to the proposed allocation of a licence included in a notice published under subsection 38(1) of the Broadcasting Services Act 1992, and:
           (a)   the successful applicant for the licence ceases to be the successful applicant; or
        (b)   the licence is not allocated to the successful applicant; or
        (c)   the proposed allocation of the licence is terminated;
        the ACMA may re-offer the licence for allocation.

       (5)   If a licence is to be re-offered:
           (a)   subject to paragraphs (b) and (c), sections 13 and 15 must be complied with as if the licence had not previously been offered; 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 for the licence continues to be an authorised agent for the licence; and
           (d)   the application fee and reserve price for the licence remain in force.

       (6)   If a licence is to be re-offered because neither the successful applicant (former successful applicant)