Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:28
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 28
Character Range: 52820–55408

28  Starting prices, lot ratings and forms
 (1) The ACMA must set the following amounts:
 (a) the starting price for the lots of each product in the auction;
 (b) the lot rating for the lots of each product in the auction;
 (c) the set-aside price for set-aside lots of the 900 upper major population product and for set-aside lots of the 900 upper regional product.
Note: Paragraphs (a) and (c) relate to Division 2 of Part 6 of this instrument for the purposes of section 294 of the Act, and are disallowable under section 42 of the Legislation Act 2003.
 (2) For the purposes of subsection (1)(c):
 (a) the set-aside price for set-aside lots of the 900 upper major population product must be:
 (i) at least 120% of the starting price for the lots of the 900 upper major population product; and
 (ii) not greater than 130% of the starting price for the lots of the 900 upper major population product;
 (b) the set-aside price for set-aside lots of the 900 upper regional product must be:
 (i) at least 120% of the starting price for the lots of the 900 upper regional product; and
 (ii) not greater than 130% of the starting price for the lots of the 900 upper regional product.
Note: Subsection (2) relates to Division 2 of Part 6 of this instrument for the purposes of section 294 of the Act, and is disallowable under section 42 of the Legislation Act 2003.
 (3) After setting the amounts in subsection (1), the ACMA must approve the following forms:
 (a) a form (application form) for applying to participate in the auction that complies with subsection (4);
 (b) a form (deed of acknowledgement form) that includes a statement to the effect that an applicant understands and agrees to be bound by the provisions of this instrument;
 (c) a form (deed of financial security form) for securing an applicant's maximum eligibility points;
 (d) a form (deed of confidentiality form) that includes a statement to the effect that the person giving the deed agrees not to disclose confidential information before section 19 ceases to apply to the person;
 (e) one or more forms for the purposes of the following:
 (i) section 35;
 (ii) paragraph 38(6)(c);
 (iii) section 50;
 (iv) section 70.
 (4) The application form must include a requirement for, and a guide to:
 (a) identifying whether an applicant is a set-aside applicant; and
 (b) if the applicant is a set-aside applicant – stating whether the set-aside applicant elects to take up a set-aside lot of both:
 (a) the 900 upper major population product; and
 (b) the 900 upper regional product.

Division 2 Advertising the auction