Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p36
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 36/38)
Character Range: 94546–97223

the end of the relevant stage and before the start of the assignment stage, the ACMA must:
(a)      give each primary winner and each secondary winner details about the identity of all other primary winners and all other secondary winners; and
(b)      ask those winners to make a statement whether the winner is an affiliate of another winner and, if so, identifying the other winner and giving details of the affiliation.
 (2) The ACMA must state a deadline, at least 10 working days after the date of the request, before which the statement must be received by the ACMA.
 (3) A primary winner or secondary winner must give the ACMA the statement by the deadline.
           Note 1: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code Act 1995.
           Note 2: Section 136.1 of the Criminal Code Act 1995 also makes it an offence to make a false or misleading statement in connection with an application for a licence.

61 Notification that winners are affiliated
  If the ACMA is satisfied that two or more primary winners or secondary winners are affiliated after the end of the primary stage (if there is no secondary stage) or secondary stage (if there is one), the ACMA must, in writing, notify those winners and tell them the basis on which the ACMA is satisfied the winners are affiliated.

62 Consequences of affiliation between winners
 (1) If the ACMA notifies two or more primary winners or secondary winners under section 61 that it is satisfied the winners are affiliated, the ACMA must not allocate spectrum licences to those winners that would exceed the allocation limits:
         (a)  applicable to a product, other than a lower band product and an upper band product; or
         (b)  applicable to any one of the combined products.
 (2) If the allocation of spectrum licences to the affiliated primary winners or secondary winners for all the lots of a product (when expressed in MHz) those winners were allocated in the primary stage or secondary stage would exceed the allocation limits applicable to the product (other than a lower band product and an upper band product) or applicable to any one of the combined products, the winners may give a direction in writing to the ACMA specifying how spectrum is to be allocated between the winners up to the allocation limits applicable to the product (other than a lower band product and an upper band product) or applicable to any one of the combined products.
 (3) The direction must be given jointly by the affiliated primary winners or secondary winners and must be given to the ACMA within 5 working days after the winners received notification under