Document ID: chunk:federal_register_of_legislation:F2016L01970:clause:1_4
Version: federal_register_of_legislation:F2016L01970
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 109715–111634

4  When bidder cannot make a bid on a lot
 (1) If, in a round for bids on the 10 MHz lot:
 (a) a bidder does not make a bid on the 10 MHz lot; or
 (b) a bidder is an exit bidder in the circumstances set out in clause 10;
  the bidder cannot make a bid on the 10 MHz lot in any subsequent round of the auction.
Note 1: A bidder is taken to make a bid in the circumstances specified in clause 8.
Note 2: An exit bid made by the bidder may still be the final high bid for the 10 MHz lot.
 (2) If, in a round for bids on the 5 MHz lot:
 (a) a bidder does not make a bid on the 5 MHz lot; or
 (b) a bidder is an exit bidder in the circumstances set out in clause 10;
  the bidder cannot make a bid on the 5 MHz lot in any subsequent round of the auction.
Note 1: A bidder is taken to make a bid in the circumstances specified in clause 8.
Note 2: An exit bid made by the bidder may still be the final high bid for the 5 MHz lot.
 (3) If, for a bidder, both of the following apply:
 (a) the bidder is the winning bidder for the 10 MHz lot; and
 (b) the aggregate of:
 (i) the lot size of the 10 MHz lot; and
 (ii) the lot size of the 5 MHz lot; and
 (ii) the part of the spectrum (if any) that the winning bidder, or the specified group of persons that includes the winning bidder, may use as a result of the allocation of spectrum licences under the previous allocation determination;
  exceeds the allocation limits;
  the bidder cannot make a bid on the 5 MHz lot.
Note: The allocation limits may prevent a particular bidder from winning both the 10 MHz and the 5 MHz lots, but may not prevent that bidder from winning either of those lots.  In this case, if the bidder is the winning bidder for the 10 MHz lot, and that bidder had nominated both lots as its preferred lots, the bidder will not be able to make a bid on the 5 MHz lot.  In accordance with clause 2, the 10 MHz lot is being auctioned before the 5 MHz lot.