Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:3:p7
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 3 (pt 7/12)
Character Range: 203619–206476

(subparagraphs 9(3)(b)(i) and 9(3)(c)(i), section 68, subparagraphs 75(1)(e)(i) and 75(1)(e)(ii) and paragraph 76(a))

Part 1—Application and interpretation

      1 Application of Schedule

  This Schedule applies to the payment of the balance of the winning price by a winning bidder that is greater than zero.
           Note 1: The Minister has given a direction to the ACMA, under subsection 294(2) of the Act, to permit payment of a spectrum access charge in instalments, subject to the terms set out in the direction and so long as the precondition set out in the direction is met.  See the spectrum access charges direction, available on the Federal Register of Legislation which may be accessed free of charge at www.legislation.gov.au.
           Note 2: Paragraph 294(1)(b) of the Act provides that the ACMA may, by written instrument, make determinations specifying the times when spectrum access charges are payable.
           Note 3: This Schedule is made under section 294 of the Act and is disallowable under section 42 of the Legislation Act 2003.
           Note 4: For information on how an amount must be paid, see section 9.

      2 Interpretation

       In this Schedule, a reference to a winning bidder is a reference to a winning bidder that has a balance of the winning price that is greater than zero.
           Note 1: For the definition of winning price, see subsection 65(1).
           Note 2: For the definition of balance of the winning price, see subsection 65(2).

Part 2—Election of winning bidder for payment of winning price

      3 Payment of balance of the winning price
 (1) If the balance of the winning price for a winning bidder is an amount greater than zero, the ACMA must notify the bidder, in writing, of the following:
         (a)        the winning price;
         (b)       the effect on the winning price of any eligibility payments made under subsection 28(2) or 34(6) or 41(2) in accordance with section 36, or of an additional eligibility payment made under subsection 39(3) for the purposes of section 36;
         (c)        that the balance of the winning price may be paid in full;
         (d)       the date on which the balance of the winning price must be paid to the ACMA on behalf of the Commonwealth;
         (e)        that the winning price may be paid in 5 instalments in accordance with clause 4;
         (f)         the amount for each of the 5 instalments;
         (g)       the effect on an instalment amount of any eligibility payments made under subsection 28(2) or 34(6) or 41(2) in accordance with section 36, or of an additional eligibility payment made under subsection 39(3) for the purposes of section 36;
         (h)       the dates on which the 5 instalments must be paid to the ACMA on behalf of the Commonwealth;
         (i)         the date, not earlier than 10