Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:52
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 52
Character Range: 112804–115276

52  Withdrawal of application
 (1) Subject to subsection (6), an applicant may withdraw its application before the eligibility deadline or extended eligibility deadline (if there is one), by giving the ACMA notice in writing.
 (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another provision of this instrument, has made:
 (a) an eligibility payment under subsection 31(7), 38(7) or 48(4), and in accordance with and for the purposes of section 42; or
 (b) an additional eligibility payment under subsection 46(4), in accordance with and for the purposes of section 42;
  the ACMA must refund the eligibility payment or additional eligibility payment within the period specified in subsection 73(2).
 (3) Subsection (2) is subject to sections 85 and 87.
 (4) An applicant may not withdraw its application after the later of the eligibility deadline or extended eligibility deadline (if there is one).
 (5) Subject to subsection 48(1), an applicant must not be re-admitted to the auction after withdrawing, or being taken to have withdrawn, its application.
 (6) A person who is a set-aside participant may only withdraw its application in accordance with subsection (1) if:
 (a) the ACMA varies the starting price for lots of a product, in accordance with subsection 43(1); and
 (b) the set-aside participant gives notice in writing of the withdrawal in the period:
 (i) commencing at the time the ACMA notified the set-aside participant under section 44; and
 (ii) ending immediately before the new application deadline.
 (7) If a person who is a set-aside participant withdraws its application in accordance with subsections (1) and (6):
 (a) for the purposes of this instrument, the person ceases to be a set-aside participant from the time the person withdraws its application; and
 (b) if, as a result of the withdrawal, there is no applicant (other than an applicant who has withdrawn, or is taken to have withdrawn, its application) that has stated, in its application, that it elects to take up a set-aside lot:
 (i) subsection 62(1) ceases to apply in relation to the auction; and
 (ii) subsection 62(2) applies in relation to the auction; and
 (iii) there are no set-aside participants.
Note: As a result of the operation of this section, the supply of the 900 upper products may have changed, or may stay the same: see clause 2 of Schedule 2.

Division 7 Registration of bidders