Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p29
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 29/38)
Character Range: 77035–79905

(1)(c) – at any time until the new application deadline, but not after the new application deadline; or
         (b)     for paragraph (2)(a), or subparagraph (2)(b)(ii) or (2)(b)(iii) – at any time until the extended eligibility deadline, but not after the extended eligibility deadline.
 (6) If a deed of financial security (for subparagraph (2)(b)(ii) or (2)(b)(iii)) is given to the ACMA on behalf of the Commonwealth by email before the extended eligibility deadline, the original deed must be received by the ACMA no later than 3 working days after the extended eligibility deadline (or, if the ACMA agrees to a later time, the agreed time) for the application to be valid.

42 Statutory declarations and affiliations
 (1) If the ACMA receives a completed application form, deed of acknowledgement, deed of confidentiality and application fee from a new applicant under subsection 41(1), the ACMA must, after the new application deadline:
(a)      give each applicant (including new applicants) updated details about the identity of all other applicants, and the persons identified as the associates of other applicants; and
(b)      ask each applicant to make a statutory declaration stating whether the applicant is affiliated with another applicant and if so, identifying the other applicant and giving details of the affiliation.
 (2) The updated information does not need to include those applicants who have already withdrawn.
 (3) The ACMA must state a deadline, at least 10 working days after the date of the request, before which the statutory declaration must be received by the ACMA.
 (4)  If an applicant does not give the ACMA a statutory declaration in accordance with subsection (3), the applicant is taken to have withdrawn its application.
 (5) If the ACMA is satisfied that two or more applicants are affiliated, the procedures in sections 33 and 34 apply.
Division 6 Withdrawal of applicant

43 Withdrawal of applicant

 (1) An applicant may withdraw its application before the eligibility deadline or extended eligibility deadline (if there is one), by giving the ACMA notice in writing.

 (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another provision of this instrument, has made an eligibility payment under subsection 28(2) or 34(6) or 41(2) and in accordance with section 36, or an additional eligibility payment under subsection 39(3) for the purposes of section 36, the ACMA on behalf of the Commonwealth must refund the eligibility payment (including any additional eligibility payment) within the period specified in subsection 63(2).

 (3) Subsection (2) is subject to sections 75 and 77.
 (4) An applicant may not withdraw its application after the later of the eligibility deadline or extended eligibility deadline (if there is one).
 (5) Subject to