Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:42:p4
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 42 (pt 4/4)
Character Range: 89084–90924

of subsection (6) or paragraph (7)(c) – tell the set-aside participant in writing; or
 (c) if an applicant is taken to have withdrawn its application under paragraph (7)(d) – tell the applicant in writing.
 (9) A deed of financial security must be executed by:
 (a) an authorised deposit-taking institution within the meaning of the Banking Act 1959; or
 (b) a person authorised to carry on business in Australia as an insurer under the Insurance Act 1973; or
 (c) a Lloyd's underwriter authorised to carry on insurance business under Part VII of the Insurance Act 1973.
 (10) If a deed of financial security is executed by a person acting under a power of attorney for a body corporate, the applicant must give the ACMA a copy of the power of attorney with the deed.
 (11) If:
 (a) the ACMA is not satisfied that the person executing a deed of financial security, given to the ACMA by the applicant, is a person mentioned in subsection (9); or
 (b) an applicant fails to comply with subsection (10);
  then:
 (c) for a set-aside participant – the set-aside participant is not entitled to bid during the primary stage and the secondary stage; or
 (d) in any other case – the applicant is taken to have withdrawn its application.
 (12) The ACMA must:
 (a) if a set-aside participant is not entitled to bid during the primary stage and the secondary stage as a result of paragraph (11)(c) – tell the set-aside participant in writing; or
 (b) if an applicant is taken to have withdrawn its application under paragraph (11)(d) – tell the applicant in writing.
 (13) For paragraphs (4)(d) and (5)(e), if the lots of 2 or more products have the same lot rating, the ACMA may select the order in which the lots of those products are removed from the applicant's provisional start demand.

Division 5 Changes to starting prices, and related matters