Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:31:p1
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 31 (pt 1/3)
Character Range: 58412–61159

31  Making an application
 (1) A person may apply to become registered as a bidder in the auction by:
 (a) subject to subsection (2), giving the ACMA a completed application form; and
 (b) giving the ACMA a deed of acknowledgement executed by the applicant; and
 (c) giving the ACMA a deed of confidentiality executed by the applicant; and
 (d) paying the application fee;
  before the application deadline.
Note: For information on how an application fee must be paid, see section 10.
 (2) If the applicant is a set-aside applicant, to apply to become registered as a bidder in the auction the person must give the ACMA a completed application form stating whether the person elects to take up a set-aside lot of both:
 (a) the 900 upper major population product; and
 (b) the 900 upper regional product.
 (3) If one or more set-aside applicants give the ACMA a completed application form that, in each case, states that the set-aside applicant elects to take up a set-aside lot of both the 900 upper major population product and the 900 upper regional product:
 (a) subsection 62(1) applies in relation to the auction; and
 (b) each of those set-aside applicants is a set-aside participant.
 (4) If no set-aside applicant gives the ACMA a completed application form that states that the set-aside applicant elects to take up a set-aside lot:
 (a) subsection 62(2) applies in relation to the auction; and
 (b) there are no set-aside participants.
 (5) As soon as practicable after the application deadline, and at least 15 working days before the eligibility deadline, the ACMA must:
 (a) approve a form (eligibility nomination form) that complies with subsection (6); and
 (b) tell each applicant, in writing, how many set-aside participants there are (if any); and
 (c) if there is only one set-aside participant – tell each applicant the identity of that set-aside participant;
 (d) tell each applicant, in writing, the supply of:
 (i)  the 900 upper major population product; and
 (ii) the 900 upper regional product; and
 (e) give each applicant a copy of the eligibility nomination form; and
 (f) give each applicant information about making an eligibility payment, or giving a deed of financial security, or both making an eligibility payment and giving a deed of financial security, for an applicant to secure its maximum eligibility points.
Note: For the 900 upper products, supply depends upon whether one or more set-aside applicants have elected to take up set-aside lots.
 (6) The eligibility nomination form must include a requirement for, and a guide to:
 (a) specifying the number of lots of each product desired by an applicant as the provisional start demands of the applicant before the pre-bidding phase, at the starting price