Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:3:p11
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 3 (pt 11/12)
Character Range: 213527–216476

year in 2023, 2024 and 2025, respectively.
 (5) If any eligibility payments already made exceed the first instalment, the remainder will be deducted from the second instalment and, if necessary, any further remainders will be deducted from subsequent instalments.

Part 3—Issue of spectrum licences

      5 Issue of spectrum licence
 (1) If a winning bidder:
         (a)        elects to pay the winning price in full; and
         (b)       pays the balance of the winning price in accordance with subclause 3(2);
  the winning bidder is entitled to be issued a spectrum licence for each part of the spectrum assigned to the lots allocated to the bidder in the auction.

          Note: For the issue of spectrum licences, see section 62 of the Act.
 (2) If a winning bidder:
         (a)        elects to pay the winning price in instalments; and
         (b)       pays the first instalment in accordance with subclause 4(2); and
         (c)        gives the ACMA on behalf of the Commonwealth the bank guarantee in accordance with subclause 3(3);
  the winning bidder is entitled to be issued a spectrum licence for each part of the spectrum assigned to the lots allocated to the bidder in the auction.
          Note: For the issue of spectrum licences, see section 62 of the Act.

6 Default
 (1) If a winning bidder:
         (a)        elects to pay the winning price in full; and
         (b)       does not pay the balance of the winning price in accordance with subclause 3(2);
  then:
         (c)        the spectrum licence is not allocated to the winning bidder; and
         (d)       the allocation of spectrum licences under this instrument to other bidders is not affected; and
         (e)        section 70 applies to each lot (and associated spectrum assigned to each lot) that, but for this subclause, would have been included in a spectrum licence allocated to the winning bidder.
 (2) If a winning bidder:
         (a)        elects to pay the winning price in instalments; and
         (b)       either, or both:
            (i)            does not pay the first instalment in accordance with subclause 4(2); or
            (ii)         does not give the ACMA on behalf of the Commonwealth the bank guarantee in accordance with subclause 3(3);
  then:
         (c)        the spectrum licence is not allocated to the winning bidder; and
         (d)       the allocation of spectrum licences under this instrument to other bidders is not affected; and
         (e)        section 70 applies to each lot (and associated spectrum assigned to each lot) that, but for this subclause, would have been included in a spectrum licence allocated to the winning bidder.
           Note 1: If the winning bidder fails to pay an instalment other than the first instalment, the winning bidder, as the licensee of a spectrum licence, may contravene relevant licence conditions, as set out in the marketing plan, that are required to be