Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:38:p2
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 38 (pt 2/2)
Character Range: 73065–75095

(i) make an eligibility payment to the ACMA; or
 (ii) give the ACMA a deed of financial security; or
 (iii) make an eligibility payment and give a deed of financial security to the ACMA.
Note: If the eligibility payment or deed of financial security, or both, is not for the amount calculated in accordance with section 42, that may have consequences for the new applicant in the auction.
 (8) If a deed of financial security (for subparagraph (7)(b)(ii) or (iii)) is given to the ACMA by email before the time specified in subsection (7), the original deed must be received by the ACMA no later than 3 working days after the eligibility deadline (or, if the ACMA agrees to a later time, the agreed time).
 (9) Subject to Division 5, if the new applicant fails to comply with subsection (7) or subsection (8):
 (a) for a set-aside participant – the set-aside participant is not entitled to bid during the primary stage and the secondary stage; or
 (b) in any other case – the new applicant is taken to have withdrawn its application.
 (10) If, at any time before the new applicant is registered as a bidder, the ACMA is satisfied that the new applicant is affiliated with one or more other applicants who have not withdrawn their applications (including another applicant who has applied under this section), the new applicant and each of the other applicants is taken to have withdrawn its application.
 (11) The ACMA must tell an applicant in writing:
 (a) for a set-aside participant – that under paragraph (9)(a) it is not entitled to bid during the primary stage and the secondary stage; or
 (b) for a new applicant – that it is taken to have withdrawn its application under paragraph (9)(b) or subsection (10) or its application is not valid under subsection (6); or
 (c) for any applicant – that it is taken to have withdrawn its application under subsection (10).
Note: If subsection (10) applies to a set-aside participant, see section 40 of this instrument and paragraph 6(2)(c) of the spectrum licence limits direction.