Document ID: chunk:federal_register_of_legislation:F2017L01255:reg:33:p2
Version: federal_register_of_legislation:F2017L01255
Segment Type: reg
Provision Reference: reg 33 (pt 2/2)
Character Range: 44327–46235

by an Australian-owned authorised deposit-taking institution (as defined in the Banking Act 1959) which is a bank.
 (7) If a deed of financial security is executed by a person acting under a power of attorney for a body corporate, the applicant must give the ACMA a copy of the power of attorney with the deed.
 (8) If a deed of financial security is given to the ACMA by email or fax before the application deadline, the original deed must be received by the ACMA no later than 3 working days after the application deadline (or, if the ACMA agrees to a later time, the agreed time) for the deed to be taken to have been given to the ACMA.
 (9) An applicant is taken to have withdrawn its application if the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (6).
 (10) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (9).
 (11) If:
 (a) the ACMA removes a lot from an applicant's preference nomination form in accordance with subsection (3); and
 (b) the applicant has given the ACMA a revised preference nomination form under section 32; and
 (c) the lot is included in the revised preference nomination form; and
 (d) the lots nominated in the revised preference nomination form are the applicant's preferred lots;
  the lot is taken to be removed from the applicant's revised preference nomination form.
 (12) The ACMA must tell an applicant in writing if a lot is taken to be removed from a revised preference nomination form under subsection (11).
 (13) For the purposes of subsection (3), if:
 (a) two or more lots in a preference nomination form have the same starting price;
 (b) no other lot remaining in the preference nomination form has a lower starting price;
  the ACMA may select any of those lots to be the lot with the lowest starting price.

Division 5—Other matters