Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:4:p5
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 4 (pt 5/6)
Character Range: 20961–23788

means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory, New South Wales or Victoria.
Note: A number of other expressions used in this instrument are defined in the Act, including the following:
(a) ACCC;
(b) ACMA;
(c) frequency band;
(d) licence;
(e) radiocommunications device;
(f) spectrum;
(g) spectrum licence.

            In this instrument, register has a different meaning to that given to Register by section 5 of the Act.
 (2) In this instrument, the following provisions determine whether a person is, or whether no person is, a set-aside participant:
 (a) paragraph 31(3)(b);
 (b) paragraph 31(4)(b);
 (c) paragraph 38(5)(d);
 (d) subsection 40(5);
 (e) paragraph 40(6)(c);
 (f) subsection 45(2);
 (g) subsection 45(3);
 (h) paragraph 48(2)(b);
 (i) paragraph 51(8)(f);
 (j) paragraph 52(7)(a);
 (k) subparagraph 52(7)(b)(iii).
 (3) In this instrument:
 (a) for a set-aside participant, the minimum spectrum requirement, in relation to lots of a product other than:
 (i) a 900 upper product; or
 (ii) a 900 lower product;
  means the number of lots of the product entered by, or taken to be entered by, the participant as its minimum requirement in the pre-bidding phase of the primary stage in accordance with paragraph 3(3)(b) of Schedule 2; or
 (b) for any other bidder, the minimum spectrum requirement, in relation to lots of a product other than a 900 lower product, means the number of lots of the product entered by, or taken to be entered by, the bidder as its minimum requirement in the pre-bidding phase of the primary stage in accordance with paragraph 3(3)(b) of Schedule 2.
Note 1: No bidder may select a minimum spectrum requirement for a 900 lower product.
Note 2: No set-aside participant may select a minimum spectrum requirement for a 900 upper product.
Note 3: The only number of lots that may be selected as a minimum spectrum requirement for a product is 2 lots.
 (4) In this instrument:
 (a) for a set-aside participant, the provisional minimum spectrum requirement in relation to lots of a product other than:
 (i) a 900 upper product; or
 (ii) a 900 lower product;
  means the number of lots of the product selected by the participant as its minimum requirement in a completed eligibility nomination form in accordance with any of the following:
 (iii) subparagraph 31(7)(a)(iii);
 (iv) paragraph 38(7)(a);
 (v) paragraph 46(2)(c);
 (vi) subparagraph 48(4)(a)(iii); or
 (b) for any other applicant, the provisional minimum spectrum requirement in relation to lots of a product other than a 900 lower product, means the number of lots of the product selected by the applicant as its minimum requirement in a completed eligibility nomination form in accordance with any of the following:
 (i) subparagraph 31(7)(a)(iii);
 (ii) paragraph 38(7)(a);