Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p37
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 37/38)
Character Range: 96982–99710

applicable to any one of the combined products.
 (3) The direction must be given jointly by the affiliated primary winners or secondary winners and must be given to the ACMA within 5 working days after the winners received notification under section 61.
 (4) If the ACMA does not receive a direction within those 5 working days, the ACMA may, for any part of the spectrum where the lots of a product allocated to the affiliated primary winners or secondary winners exceed the allocation limits applicable to the product (other than a lower band product and an upper band product) or applicable to any one of the combined products, choose at its discretion how to allocate spectrum licences to each winner up to the allocation limits applicable to the product (other than a lower band product and an upper band product) or applicable to any one of the combined products.
 (5) Spectrum in excess of the allocation limits:
         (a)  applicable to a product, other than a lower band product and an upper band product; or
         (b)  applicable to any one of the combined products;
         that is not allocated under subsection (2) or (4) is taken to be unallocated.
 (6) A winning bidder must pay the full balance of the winning price:
         (a)  for all lots allocated to the bidder in the primary stage or secondary stage, despite receiving a smaller allocation as a result of this section; and
         (b)  for all frequency ranges assigned to any of those lots in the assignment stage.
          Note: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in designated areas. However, in the marketing plan, the lots in the Greater Perth, Hobart and Margaret River areas are each divided into two different products, such that each area has a lower band product and an upper band product. For the purposes of the allocation limits, the two products of each area are treated as just one product. For all other purposes, they are to be treated as two products.

Part 6—Procedures after auction
Division 1 Notices and refunds to withdrawn applicants and unsuccessful bidders

63 Notice and refunds to withdrawn applicants
 (1) As soon as practicable after the end of the auction period, the ACMA must notify each applicant that withdrew, or was taken to have withdrawn its application, that the applicant's confidentiality obligation under section 17 has ended.
       (2) If an applicant that withdrew, or was taken to have withdrawn, its application made an eligibility payment, the ACMA on behalf of the Commonwealth must refund the eligibility payment no later than 6 months after giving the notice under subsection (1) unless