Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p20
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 20/36)
Character Range: 53496–56311

band licensee and, if so, identifying the other applicant or existing relevant band licensee and giving details of the affiliation.
 (2) The ACMA must state a deadline, at least 5 working days after the date of the request, before which the statutory declaration must be received by the ACMA.

33 Failure to give statutory declaration
  If an applicant does not give the ACMA a statutory declaration in accordance with section 32, the applicant is taken to have withdrawn its application.

34 Procedure if ACMA satisfied applicants affiliated
 (1) If the ACMA is satisfied that two or more applicants are affiliated, the ACMA must, in writing:
(a)      notify the applicants and tell them the basis on which the ACMA is satisfied the applicants are affiliated; and
(b)      notify the affiliated applicants that to participate in the auction they must:
(i)            withdraw the applications of all the affiliated applicants and submit a new application under section 35; or
(ii)         withdraw the applications of all but one of the affiliated applicants.
 (2) Within 10 working days of the ACMA notifying the affiliated applicants under subsection (1), the applicants must notify the ACMA in writing which option under paragraph (1)(b) the applicants have decided to take.
 (3) If the affiliated applicants do not notify the ACMA within those 10 working days, the applicants are taken to have withdrawn their applications.
 (4) If some of the affiliated applicants withdraw their applications, but more than one affiliated applicant does not, the remaining affiliated applicants are taken to have withdrawn their applications.
 (5) The ACMA must tell the applicants in writing if they are taken to have withdrawn under subsection (3) or (4).

35 Requirements for new application
 (1) If a group of affiliated applicants notified by the ACMA under subsection 34(1) decide to submit a new application, the new applicant must be a body corporate whose only members are one or more of those affiliated applicants.
 (2) The new applicant must, within 10 working days of the ACMA notifying the affiliated applicants under subsection 34(1):
(a) give the ACMA a completed application form; and
(b) pay the application fee.
Note: For information on how an application fee must be paid, see section 9.
 (3) If the ACMA receives a completed application form and application fee under subsection (2), the ACMA must give each applicant (including the new applicant) updated details about the identity of all other applicants and the persons identified as the associates of other applicants.
 (4) The updated information does not need to include those applicants who have already withdrawn.
 (5) The new applicant must, no later than 3 working days after the ACMA gives the new applicant the updated information (or, if the