Document ID: chunk:federal_register_of_legislation:F2016L01929:reg:7
Version: federal_register_of_legislation:F2016L01929
Segment Type: reg
Provision Reference: reg 7
Character Range: 7076–8999

7  Direction—spectrum access charges payable by instalments
 (1) This direction is given to the ACMA under subsection 294(2) of the Radiocommunications Act.

Payment by instalments
 (2) I direct the ACMA that persons be permitted to pay spectrum access charges fixed by it in a charges determination relating to spectrum licences for residual 700 MHz spectrum allocated and issued in accordance with this instrument in instalments, if the instalments meet the conditions set out in subsections 7(3) to 7(6). Nothing in this instrument otherwise limits the ACMA's power to make a charges determination, where the exercise of the power is consistent with the relevant parts of the instrument.

Conditions for payment by instalments
 (3) The first instalment payment must be payable at least 2 months before the commencement of the spectrum licence.
 (4) The present value of the total spectrum access charges fixed for issuing a spectrum licence must be the same (when rounded to the nearest $1,000) as the amount determined in accordance with the allocation procedures, after adding together the present value of each instalment calculated in accordance with subsection 7(5).
 (5) The present value of the first instalment payment must be calculated as being the same as the amount of that payment. The present value of any subsequent instalment payment must be calculated as being the amount of that instalment payment reduced at the rate of 5% per annum for the period from the date that instalment payment is payable to the date the first instalment payment is payable.
 (6) If a spectrum licence is allocated in accordance with an allocation process conducted by the ACMA in accordance with the direction in section 8, the spectrum access charges must be payable in no more than three consecutive annual instalments.
Example: Spectrum access charges may be payable on 1 January 2018, 1 January 2019 and 1 January 2020.