Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:43:p1
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 43 (pt 1/2)
Character Range: 90926–93578

43  Varying starting prices, lot ratings and set-aside prices, and setting new deadlines
 (1) Not less than 5 working days before the eligibility deadline, the ACMA may:
 (a) vary a starting price set under paragraph 28(1)(a); and
 (b) if a starting price is varied, vary a lot rating set under paragraph 28(1)(b); and
 (c) if the starting price for a 900 upper product is varied, vary the set-aside price for set-aside lots of that product set under paragraph 28(1)(c).
Note: Varying a starting price or a set-aside price relates to Division 2 of Part 6 of this instrument for the purposes of section 294 of the Act. Accordingly, paragraphs 43(1)(a) and (c) are disallowable under section 42 of the Legislation Act 2003.
 (2) For the purposes of subsection (1)(c):
 (a) the set-aside price for set-aside lots of the 900 upper major population product must be:
 (i) at least 120% of the starting price for the lots of the 900 upper major population product, as varied; and
 (ii) not greater than 130% of the starting price for the lots of the 900 upper major population product, as varied;
 (b) the set-aside price for set-aside lots of the 900 upper regional product must be:
 (i) at least 120% of the starting price for the lots of the 900 upper regional product, as varied; and
 (ii) not greater than 130% of the starting price for the lots of the 900 upper regional product, as varied.
Note: Subsection (2) relates to Division 2 of Part 6 of this instrument for the purposes of section 294 of the Act, and is disallowable under section 42 of the Legislation Act 2003.
 (3) If the ACMA varies a starting price under paragraph (1)(a), the ACMA must:
 (a) set a time and date to replace the application deadline (new application deadline); and
 (b) set a time and date to replace the eligibility deadline (extended eligibility deadline).
 (4) The new application deadline must be at least 20 working days after the day the ACMA varied the starting price.
 (5) The extended eligibility deadline must be at least 30 working days after the new application deadline.
 (6) If the ACMA varies a starting price under paragraph (1)(a), then after the new application deadline the ACMA must approve a form (updated eligibility nomination form) that complies with subsection (7).
 (7) The updated 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 for the lots of the product; and
 (b) calculating and specifying the maximum eligibility points of an applicant