Document ID: chunk:federal_register_of_legislation:F2024L01192:reg:23
Version: federal_register_of_legislation:F2024L01192
Segment Type: reg
Provision Reference: reg 23
Character Range: 21488–22914

23  Acknowledgment by successful applicant
  Within 10 business days after becoming a successful applicant for an HPON licence, the applicant must lodge with the ACMA a written acknowledgment of the following:
 (a) that the successful applicant has relied solely on:
 (i) its own skill, judgment and investigations; and
 (ii) the skill, judgment and investigations of persons acting on its behalf;
  in applying for the licence, and in forming its opinion of the value of the licence; and
 (b) that the successful applicant is aware that becoming a successful applicant does not entitle it to be issued the licence, or any other licence; and
 (c) that the successful applicant is aware that the fact that the successful applicant is the highest bidder at the Licence Allocation Exercise for the licence does not, of itself, entitle the successful applicant to be issued the licence; and
 (d) that the successful applicant is aware that the licence for which it is the successful applicant will not be issued to it if the winning price is not paid by the successful applicant; and
 (e) that the successful applicant is aware that it may be liable to the ACMA in damages for any loss suffered by the ACMA as a result of conduct of the successful applicant or its authorised agent.

            Note 1: A successful applicant is defined in subsection 5(1).

            Note 2: See section 41 regarding an applicant's liability.