Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:51:p1
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 51 (pt 1/2)
Character Range: 108366–111152

51  Changes to applicants as a result of this Division – effect on supply of 900 upper products
Application of section
 (1) If:
 (a) an applicant is a set-aside participant; and
 (b) the applicant has withdrawn its application under section 52 or is taken to have withdrawn its application under:
 (i) subsection 50(4); or
 (ii) because of the result of subsection 50(5) – section 37 or section 38; and
 (c) at the time the applicant withdraws, or is taken to have withdrawn, its application, the ACMA has set an extended eligibility deadline under paragraph 43(3)(b);
  this section applies.
 (2) If:
 (a) the ACMA receives an application under subsection 38(2); and
 (b) the applicant is a set-aside participant; and
 (c) at the time the ACMA receives the application, the ACMA has set an extended eligibility deadline under paragraph 43(3)(b);
  this section applies.
 (3) If:
 (a) the ACMA receives an application under subsection 48(1); and
 (b) the applicant is a set-aside participant;
  this section applies.
 (4) If an applicant ceases to be a set-aside participant because of subsection 45(2), this section applies.
 (5) If an applicant becomes a set-aside participant because of subsection 45(3), this section applies.
Effect on supply of 900 upper products
 (6) If this section applies, the ACMA may vary the extended eligibility deadline (varied extended eligibility deadline).
 (7) The varied extended eligibility deadline must be later than:
 (a) if the ACMA makes its decision under subsection (6) before the extended eligibility deadline – the extended eligibility deadline; or
 (b) if the ACMA makes its decision under subsection (6) after the extended eligibility deadline – the day on which the ACMA made its decision under subsection (6).
 (8) If, as a result of the operation of one or more of:
 (a) subsection 45(2); or
 (b) section 50; or
 (c) because of the result of subsection 50(5) – section 37 or section 38;
  there is no applicant (other than a withdrawn applicant) who, in its completed application form, states that it elects to take up a set-aside lot, then from the last time a person ceases to be a set-aside participant:
 (d) subsection 62(1) ceases to apply in relation to the auction; and
 (e) subsection 62(2) applies in relation to the auction and
 (f) there are no set-aside participants.
 (9) If the ACMA varies the extended eligibility deadline under subsection (6), the ACMA must:
 (a) approve a form (varied updated eligibility nomination form) that complies with subsection (10); and
 (b) tell each applicant, in writing, how many set-aside participants there are; and
 (c) if there is only one set-aside participant – tell each applicant the identity of that set-aside participant;
 (d) tell each applicant, in writing:
 (i) the supply of