Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:31:p2
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 31 (pt 2/3)
Character Range: 60919–63718

nomination form must include a requirement for, and a guide to:
 (a) specifying the number of lots of each product desired by an applicant as the provisional start demands of the applicant before the pre-bidding phase, at the starting price for the lots of the product; and
 (b) calculating and specifying the maximum eligibility points of an applicant based on those provisional start demands; and
 (c) in relation to the lots of each product, other than:
 (i) a 900 lower product; or
 (ii) for a set-aside participant – a 900 upper product;
  either:
 (iii) not selecting a provisional minimum spectrum requirement; or
 (iv) selecting 2 lots as the provisional minimum spectrum requirement;
  for the lots of the product.
 (7) After the application deadline, and no later than the eligibility deadline, an applicant must:
 (a) give the ACMA a completed eligibility nomination form, which:
 (i) 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
 (ii) specifies the maximum eligibility points of the applicant, based on those specified provisional start demands; and
 (iii) in relation to the lots of each product, other than:
                   (A) a 900 lower product; or
                   (B) for a set-aside participant – a 900 upper product;
  states that the applicant either:
                   (C) does not select a provisional minimum spectrum requirement; or
                   (D) selects 2 lots as the provisional minimum spectrum requirement;
  for the lots of the product; 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 deed of financial security, or both, is not for the amount calculated in accordance with section 42, that may have consequences for the applicant in the auction.
 (8) Subject to Division 5, if an applicant fails to comply with subsection (7):
 (a) for a set-aside participant – the set-aside participant is not entitled to bid during the primary stage and the secondary stage; or
 (b) in any other case – the applicant is taken to have withdrawn its application.
 (9) Subject to subsections 45(1), 46(2) and 46(4), an applicant may give the ACMA an updated, additional or replacement document:
 (a) for a document mentioned in paragraph (1)(a), (1)(b) or (1)(c) – at any time until the application deadline, but not after the application deadline; or
 (b) for a document mentioned in paragraph (7)(a) or, subject to section 42, paragraph (7)(b)