Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:77
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 77
Character Range: 142476–144439

77  Sufficient eligibility payment – issue of spectrum licence without further payment
 (1) If the balance of the winning price for a winning bidder is an amount less than zero:
 (a) the ACMA must refund the eligibility payment in excess of the winning price no later than 6 months after giving the notice under subsection 76(1); and
 (b) the bidder is entitled to be issued:
 (i) a spectrum licence for each part of the spectrum assigned to the lots, other than the downshift metropolitan lot and the downshift regional lot, allocated to the bidder; and
 (ii) if the bidder was allocated the downshift metropolitan lot – a spectrum licence for the downshift metropolitan lot; and
 (iii) if the bidder was allocated the downshift regional lot – a spectrum licence for the downshift regional lot;
  without further payment.
 (2) If the balance of the winning price for a winning bidder is zero, the bidder is entitled to be issued:
 (a) a spectrum licence for each part of the spectrum assigned to the lots, other than the downshift metropolitan lot and the downshift regional lot, allocated to the bidder; and
 (b) if the bidder was allocated the downshift metropolitan lot – a spectrum licence for the downshift metropolitan lot; and
 (c) if the bidder was allocated the downshift regional lot – a spectrum licence for the downshift regional lot;
  without further payment.
Note: In accordance with the marketing plan, a spectrum licence for the downshift metropolitan lot, and a spectrum licence for the downshift regional lot, will be issued to the relevant winning bidder as a separate spectrum licence to any other spectrum licence issued to that winning bidder as a result of this instrument.
 (3) Subsections (1) and (2) do not apply if the ACMA has made a decision to retain the eligibility payment under section 85.
Note: Section 85 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.