Document ID: chunk:federal_register_of_legislation:F2023L00865:reg:72:p2
Version: federal_register_of_legislation:F2023L00865
Segment Type: reg
Provision Reference: reg 72 (pt 2/2)
Character Range: 111822–113063

If the ACMA does not receive a direction that complies with subsections (3) and (4), the ACMA may, for any part of the spectrum where the lots of one or more products allocated to the affiliated persons who are primary winners or secondary winners in the auction would result in a person exceeding the allocation limit for the area of any product, at its discretion allocate lots of one or more of those products to each person up to those allocation limits.
 (7) Spectrum in excess of the allocation limits that is not allocated under subsection (5) or (6) is taken to be unallocated.
 (8) A winning bidder who is allocated at least one lot of a product after applying this section must pay the full balance of the total winning price:
 (a) calculated in relation to all lots for which the winning bidder was the primary winner or secondary winner, despite not being allocated all those lots as a result of this section; and
 (b) for all frequency ranges assigned to any lots which were allocated to the winning bidder as a result of this section.
Note: This subsection relates to Division 7 of Part 5 of this instrument and is disallowable under section 42 of the Legislation Act 2003.
 (9) This section prevails over sections 111 and 130.