Document ID: chunk:federal_register_of_legislation:F2023L00865:reg:50
Version: federal_register_of_legislation:F2023L00865
Segment Type: reg
Provision Reference: reg 50
Character Range: 85569–88196

50  Applying to be registered—additional applicants
 (1) A person who:
 (a) is not already an applicant; or
 (b) was an applicant but withdrew, or was taken to have withdrawn, its application;
  may apply to become registered as a bidder in the allocation process if the person wishes to do one or more of the following:
 (c) bid in the 3.7 GHz auction;
 (d) bid in the 3.4 GHz auction;
 (e) be directly allocated a leftover lot.
Note: A person who is registered as a bidder in the allocation process may, subject to allocation limits and eligibility points, bid in either or both of the 3.4 GHz auction and the 3.7 GHz auction.
 (2) The person applies by doing all of the following before the new application deadline:
 (a) giving the ACMA a completed application form;
 (b) giving the ACMA a completed associates form;
 (c) giving the ACMA a deed of acknowledgement executed by the applicant;
 (d) giving the ACMA a deed of confidentiality executed by the applicant;
 (e) paying the application fee.
Note 1: For information on how an application fee must be paid, see section 9.
Note 2: An applicant may withdraw its application before the extended eligibility deadline: see subsection 53(1).

Applying for eligibility points and to be allocated leftover lots
 (3) After the new application deadline, and no later than the extended eligibility deadline, an applicant under this section must give the ACMA a completed updated eligibility nomination form, which:
 (a) specifies the number of eligibility points the applicant wishes to have immediately before the start of the 3.7 GHz auction; and
 (b) if the applicant is eligible to apply to be directly allocated a leftover lot (see section 40), and wishes to so apply—applies to be directly allocated the leftover lot.
Note: The applicant must secure the eligibility points with an eligibility payment or deed of financial security (or both): see section 41.

Updating documents
 (4) The applicant may give the ACMA an updated, additional or replacement document:
 (a) for a document mentioned in paragraph (2)(a), (b), (c) or (d)—at any time until the new application deadline, but not after the new application deadline; or
 (b) for a document mentioned in paragraph (3)(a) or (b)—at any time until the extended eligibility deadline, but not after the extended eligibility deadline.

Failure to give updated eligibility nomination form
 (5) The applicant is taken to have withdrawn its application if the applicant fails to comply with subsection (3).
 (6) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (5).