Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p26
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 26/38)
Character Range: 69163–72089

and
(b)      a notice of the date and time of the new application deadline; and
(c)      a notice of the date and time of the extended eligibility deadline; and
(d)      the updated eligibility nomination form, with instructions for completing and giving the updated eligibility nomination form to the ACMA.

38 Notice of updated documents
   The ACMA must as soon as practicable after making any variations under subsections 37(1) and 37(2) notify any applicants, in writing, that:
         (a)      they must, before the extended eligibility deadline, give the ACMA a completed updated eligibility nomination form; and
         (b)      they may, before the extended eligibility deadline, do any of the following:
            (i)       make an additional eligibility payment to the ACMA on behalf of the Commonwealth for the purposes of section 36;
            (ii)     update their deeds of financial security for the purposes of section 36;
if necessary; and
(c)      they may, before the new application deadline, give the ACMA an updated application form, if necessary.

39 Giving of updated documents and updating financial security
 (1)  No later than the extended eligibility deadline, an applicant must give the ACMA a completed updated eligibility nomination form, which:
         (a)      specifies the number of lots of each product desired by the applicant as valid provisional start demands of the applicant before the pre-bidding phase of the primary stage, at the starting price for the lots of the product; and
(b)      specifies the maximum eligibility points of the applicant, based on the specified provisional start demands; and

         (c)      in relation to each product, either does not select a provisional minimum spectrum requirement, or selects only one option as the provisional minimum spectrum requirement, for the lots of each product.
 (2) If an applicant does not give the ACMA a completed updated eligibility nomination form, in accordance with subsection (1), the applicant is taken to have withdrawn its application.
 (3) No later than the extended eligibility deadline, an applicant may do any of the following:
(a)      make an additional eligibility payment to the ACMA on behalf of the Commonwealth for the purposes of section 36;
(b)      update its deed of financial security for the purposes of section 36.
           Note 1: If an applicant makes an eligibility payment or gives a deed of financial security (or both) for an amount less than the amount under subsection 36(2), see subsections 36(3) to 36(6).
           Note 2: If an applicant makes an eligibility payment or gives a deed of financial security (or both) for an amount more than the amount under subsection 36(2), see subsection 63(2) or 64(2) or paragraph 67(1)(a) for refund of the whole or part of the eligibility payment. Otherwise, see subsection 65(2) in relation to calculating the balance of the winning