Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:3:p8
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 3 (pt 8/12)
Character Range: 206220–208952

an additional eligibility payment made under subsection 39(3) for the purposes of section 36;
         (h)       the dates on which the 5 instalments must be paid to the ACMA on behalf of the Commonwealth;
         (i)         the date, not earlier than 10 working days after the date of the notice, by which the winning bidder must give the ACMA written notice whether it elects to pay the winning price:
            (i)            in full; or
            (ii)         in instalments.
 (2) If, by the date mentioned in paragraph (1)(i), a winning bidder gives the ACMA written notice that the bidder elects to pay the winning price in full, the ACMA must notify the bidder:
         (a)        that the ACMA has received the winning bidder's election; and
         (b)       the date by which the balance of the winning price must be paid by the winning bidder to the ACMA on behalf of the Commonwealth.
 (3) If, by the date mentioned in paragraph (1)(i), a winning bidder gives the ACMA written notice that the bidder elects to pay the winning price in instalments, the ACMA must notify the bidder that:
         (a)        the ACMA has received the winning bidder's election; and
         (b)       the instalment amounts must be paid by the winning bidder to the ACMA on behalf of the Commonwealth in accordance with clause 4; and
         (c)        a bank guarantee must be given to the ACMA on behalf of the Commonwealth, at the time and on the terms set out in the marketing plan, as a precondition to reaching an agreement with the ACMA for the payment of the winning price in instalments in accordance with clause 4.

          Note: Under subsection 62(2) of the Act, the ACMA is not required to issue a spectrum licence unless the person to whom it is allocated either pays the spectrum access charge for issuing the licence, or reaches an agreement with the ACMA for the payment of that charge.
 (4) If the ACMA becomes aware that a notice under subclause (1) contains a material error, the ACMA must give the winning bidder a revised notice.
 (5) If a revised notice is given under subclause (4):
         (a)        the ACMA must include in the revised notice a date, not later than 10 working days after the date of the revised notice, by which the winning bidder may give the ACMA written notice whether it has elected to pay the winning price:
            (i)            in full; or
            (ii)         in instalments; and
         (b)       subclauses (2) and (3) apply as if the date mentioned in paragraph (1)(i) were the date included in the revised notice; and
         (c)        any previous notice given by the winning bidder under subclauses (2) or (3) is of no effect.
 (6) If, by the date mentioned