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Ongoing use test - Statutory declaration template

[icon] What you need to know.What you need to know

As part of settlement of offers, offerees must pass the “Ongoing use test” (Clause 5 in the Offer terms and conditions).

The first step is to complete, sign and return a statutory declaration (required by Clauses 5.3 & 5.7) by 5pm Friday 25 July 2008 for Early Settlement.

 

Statutory declaration template: AM/FM Sound Broadcasting Spectrum Licence

 

[SAMPLE FORM] CLAUSE 5 PRE SETTLEMENT STATUTORY DECLARATION

I, [Name] of [Place, Occupation], solemnly and sincerely declare that:

  1. I am employed by [Company] (the `Purchaser’) and am authorised by the Purchaser make this declaration on its behalf [if applicable – otherwise amend to reflect correct relationship – ie owner or director].

  2. In relation to Lot [insert Lot details] the corresponding current licence for sound broadcasting (“broadcasting”) is in current ongoing use for broadcasting.
  3. [Insert the requirements of clause 5.3.2 of the Offer Document identifying the programme and detailing the extent of current ongoing use for broadcasting for the corresponding current licence including average hours broadcasting per day, average days broadcasting per week, average transmitting power and the period of continuous ongoing use for broadcasting up to the date of this declaration.]

Note that clause 5.2 of the Offer Document requires the Purchaser to demonstrate current ongoing use of the corresponding current licence for broadcasting. Whether or not there is current ongoing use is a matter to be determined by the Chief Executive in his/her sole discretion exercising a common sense judgment. Broadcasting for a minimum of 24 hours per day, 7 days per week (or the maximum hours of transmission under the licence if less) at a power substantially the same as the maximum power of emissions of the Lot for continuous 6 month period immediately prior to the date of settlement will be considered current ongoing use.

  1. That the current ongoing use for broadcasting detailed in paragraphs 2 and 3 above will continue up to, and continue from, the date of settlement.
  2. The acquisition of the Lot either does not involve a breach of section 47 of the Commerce Act 1986/ or a clearance or authorisation (copy attached) has been obtained under section 66 or 67 of the Commerce Act 1986 for the acquisition of the Lot [delete the option which does not apply].

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.



[Signed]


Declared at [Place] this [ ] day of [ ] 20[ ].


[Signed by a Justice of the Peace or other person authorised to take a statutory declaration in terms of section 9 of the Oaths and Declarations Act 1957]

Examples of people able to take Declarations - a person enrolled as a barrister and solicitor of the High Court; a Justice of the Peace; a notary public; the Registrar or a Deputy Registrar of the Supreme Court; Court of Appeal; High Court or a District Court; a member of Parliament; or an employee of Public Trust authorised for that purpose.

 

[small icon] acrobat pdf. Also available as Statutory declaration template [11 kB PDF]

To view or print this document you will require PDF viewing software such as Adobe Acrobat Reader.  If you are experiencing problems downloading our forms, make sure you have updated your PDF reader to the latest version.

 






 

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Last updated 16 July 2008