Form of indemnity and guarantee

Issue of transmitter licences for open narrowcasting (ONC) services
- section 106 of the Radiocommunications Act 1992

ACMA form – B36Page 1 of 2July 2013

Instructions for completion

ACMA form – B36Page 1 of 2July 2013

  • Read these notes carefully before completing this form of indemnity and guarantee.
  • All applicants must complete this form.
  • Thisform of indemnity and guarantee is required pursuant to the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (the Determination).A separate application form must be completed for each licence applied for.
  • Theapplicant referred to in this form of indemnity and guarantee must be the same as on the related application form (Form B34). A form of indemnity and guarantee must be completed for each licence applied for.
  • Thisform of indemnity and guarantee must be executed as a deed by the applicant. Where the applicant is a company or an incorporated association, a director or office-bearer respectively of the applicant must execute this form as a guarantor in his or her personal capacity.
  • This form must contain original signatures.
  • Use typewritten or BLOCK letters to complete this form.
  • Before completing this form, you should also read:
  • the information package: Price-based Allocation of Transmitter Licences for Open Narrowcasting Services.
  • the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No.1 of 1996 (the Determination) for the relevant ONC round number, attached to the information package.

Where to send this form

Radiocommunications Licensing and Assignments Section

Australian Communications and Media Authority

PO Box78

BELCONNEN ACT 2616

Further information

Contact Radiocommunications Licensing and Assignments Section on:

Tel: 1300 850 115

Email:

ACMA form – B36Page 1 of 2July 2013

Form of indemnity and guarantee

ACMA form – B36Page 1 of 2July 2013

This form of indemnity and guarantee is made on:

Date:

by (‘the applicant’)

and (only required where the applicant is a company orincorporated association) by: (‘the guarantor’)

NAME OF GUARANTOR AND POSITION HELD BY GUARANTOR WITH APPLICANT

Licence area plan

Location TS

This licence is for

Radio (Frequency)Television (Channel)

ACMA form – B36Page 1 of 2July 2013

Recitals

ACMA form – B36Page 1 of 2July 2013

  1. The Australian Communications and Media Authority (ACMA) has made the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 (the Determination) which relates to the relevant transmitter licence under s.106 of the Radiocommunications Act 1992.
  2. The applicant has applied for a transmitter licence for the provision of an open narrowcasting service that is to be issued under the Determination.

  1. In accordance with the Determination, the applicant and, if applicable, the guarantor, are required to provide an indemnity and guarantee as set out in this form of indemnity and guarantee in respect of any loss suffered or costs incurred by the ACMA as a result of an act, default or omission of the applicant or its authorised agent at any stage of the allocation process.

ACMA form – B36Page 1 of 2July 2013

Interpretation

ACMA form – B36Page 1 of 2July 2013

In this form, unless the contrary intention appears:

  • ‘ACMA’ means Australian Communications and Media Authority;
  • ‘applicant’ means the applicant identified at the commencement of this form;
  • ‘acknowledgment’ means the form of acknowledgment referred to in clause 5(8) of the Determination;
  • ‘indemnity and guarantee’ means this form of indemnity and guarantee;
  • ‘guarantor’ means the guarantor identified at the commencement of this form;

  • ‘relevant transmitter licence’ means the transmitter licence identified at the commencement of this form;
  • ‘licence’ means a transmitter licence to be allocated under the Determination;
  • ‘Determination’ means the Radiocommunications (Issue of Broadcasting (Narrowcasting) Transmitter Licences) Determination No. 1 of 1996 which relates to the relevant transmitter licence; and
  • ‘authorised agent’ means an individual for whom a form of authority has been lodged under sub paragraph 8(2)(b)(iii) or clause 10 of the Determination.

ACMA form – B36Page 1 of 2July 2013

Operative clauses

ACMA form – B36Page 1 of 2July 2013

1.The applicant indemnifies the Commonwealth, including the ACMA, against any loss or costs which may be suffered or incurred as a result of an act, default or omission by the applicant or its authorised agent at any stage of the allocation process under the Determination. The applicant shall pay to the ACMA immediately upon demand the amount of the losses and costs suffered or incurred as a result of such act, default or omission.

2.If the applicant defaults in the performance of its obligation referred to in clause 1 above, the guarantor shall indemnify the ACMA against any loss or costs which the ACMA may suffer or incur as a result of an act, default or omission by the applicant or its authorised agent at any stage of the allocation process under the Determination. The guarantor shall pay to the ACMA immediately upon demand the amount of the losses and costs suffered or incurred by the ACMA as a result of such act, default or omission.

3.Neither the obligations of the applicant and the guarantor under this indemnity and guarantee nor the binding effect of this indemnity and guarantee shall by affected or impaired by:

  • any furnishing to, or acceptance by, the ACMA of additional security;
  • any release by the ACMA of any security (except this indemnity and guarantee);
  • any waiver, consent or other action or inaction or any exercise by the ACMA of any right, remedy or power with respect to the guarantor or the applicant;
  • any insolvency, bankruptcy, reorganisation, arrangement, composition, liquidation, dissolution of the guarantor or the applicant;
  • any variation in the terms of the acknowledgment.

4.The applicant and the guarantor rely solely on their own judgment and do not rely on any representations or warranties made to either the applicant or the guarantor, or any other person, by the ACMA.

5.The applicant and the guarantor represent and warrant as follows:

  • the execution, delivery and performance by the applicant and the guarantor of this indemnity and guarantee shall not contravene any law in Australia; and
  • the applicant and the guarantor have the power and authority to execute and deliver this indemnity and guarantee and to carry out its terms and conditions.

6.This indemnity and guarantee shall be construed and take effect in accordance with the laws in the Australian Capital Territory and any dispute relating to the construction, meaning or effect of this indemnity and guarantee or the liabilities of the applicant and the guarantor under this indemnity and guarantee shall be governed by those laws.

7.The applicantand guarantor submit to the jurisdiction of the courts of the Australian Capital Territory and the Federal Court of Australia.

8.The submission to the jurisdiction of the courts of the Australian Capital Territory and the Federal Court is exclusive except in so far as the High Court of Australia has jurisdiction to hear any matter involving the ACMA.

9.Any stamp duty payable on this deed must be borne and paid by the applicant and the guarantor.

10.No variation, modification or waiver of any provision of this form of acknowledgment can be made nor have any force or effect unless approved in writing by the ACMA.

ACMA form – B36Page 1 of 2July 2013

Execution by applicant who is an individual

ACMA form – R139Page 1 of 2September 2009

Executed by the applicant as a deed on the day and year first written above

Signature Date

PRINTED NAME AND TITLE

Signature of witness Date

WITNESSED BY: PRINT NAME

ACMA form – R139Page 1 of 2September 2009

Execution of forms by all other applicants

ACMA form – R139Page 1 of 2September 2009

The common seal of (NAME)

SEAL

was affixed to this form in accordance with its articles of association in the presence of:

Signature Date

PRINTED NAME AND TITLE

Signature Date

PRINTED NAME AND TITLE

Signature Date

PRINTED NAME AND TITLE

ACMA form – R139Page 1 of 2September 2009

Executed by the guarantor as a deed on the day and year first written above

Signature Date

PRINTED NAME AND TITLE

In the presence of:

Signature of witness Date

WITNESSED BY: PRINT NAME

ACMA form – R139Page 1 of 2September 2009

This form should now be lodged with a completed application form, application fee and, if the applicant is a company or an incorporated association, at least one form of authority to the address and by the date specified by the ACMA.

ACMA form – R139Page 1 of 2September 2009