Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:38:p1
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 38 (pt 1/2)
Character Range: 70571–73287

38  Requirements for new application
 (1) If the members of a group of affiliated applicants notified by the ACMA under subsection 37(1) decide that a new applicant (new applicant) is to submit a new application, the new applicant must be a body corporate whose only members are one or more of those affiliated applicants.
 (2) The new applicant must, within 8 working days of the ACMA notifying the affiliated applicants under subsection 37(1):
 (a) give the ACMA a completed application form; and
 (b) pay the application fee.
Note: For information on how an application fee must be paid, see section 10.
 (3) If the ACMA receives a completed application form and application fee under subsection (2), the ACMA must give each applicant (including the new applicant) updated details about the identity of all other applicants, and the persons identified in applications as the associates of the other applicants.
 (4) The updated information does not need to include those applicants who have already withdrawn.
 (5) If:
 (a) the new applicant is a set-aside applicant; and
 (b) the completed application form given under subsection (2) states that the set-aside applicant elects to take up a set-aside lot of both the 900 upper major population product and the 900 upper regional product;
  then:
 (c) subsection 62(1), if it did not already apply, applies in relation to the auction; and
 (d) the new applicant is a set-aside participant.
 (6) An application is not valid unless the new applicant, no later than 3 working days after the ACMA gives the new applicant the updated information (or, if the ACMA agrees to a later time, the agreed time):
 (a) gives the ACMA a deed of acknowledgement executed by the new applicant; and
 (b) gives the ACMA a deed of confidentiality executed by the new applicant; and
 (c) makes and gives the ACMA a statutory declaration that the new applicant is not affiliated with any other applicant mentioned in the updated information.
 (7) The new applicant must, no later than the eligibility deadline or extended eligibility deadline (if there is one), whichever is the case (or if the ACMA agrees to a later time, the agreed time):
 (a) give the ACMA:
 (i) a completed eligibility nomination form, which includes the matters set out in paragraph 31(7)(a); or
 (ii) a completed updated eligibility nomination form, which includes the matters set out in subsection 46(2);
  as appropriate; and
 (b) in accordance with section 42, do one of the following:
 (i) make an eligibility payment to the ACMA; or
 (ii) give the ACMA a deed of financial security; or
 (iii) make an eligibility payment and give a deed of financial security to the ACMA.
Note: If the eligibility payment or