Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p25
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 25/38)
Character Range: 66561–69410

is taken to have withdrawn its application if:
(a)      the applicant fails to make an eligibility payment or give a deed of financial security before the eligibility deadline or extended eligibility deadline (if there is one); or
(b)      the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (7).

       (10) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (9).
Division 5 Extension of deadlines and related requirements

37 Varying starting prices, lot ratings and deadlines

 (1) Not less than 5 working days before the eligibility deadline, the ACMA may:
(a)      vary a starting price set under paragraph 27(1)(a); and
(b)      if a starting price is varied, vary a lot rating set under paragraph 27(1)(b).
          Note: Varying a starting price set under paragraph 27(1)(a) relates to Division 2 of Part 6 of this instrument for the purposes of section 294 of the Act. Accordingly, paragraph 37(1)(a) is disallowable under section 42 of the Legislation Act 2003.

 (2) When making any variations under subsection (1), the ACMA must:
(a)      state a later date and time to replace the application deadline, as the new application deadline, which must be 20 working days after the date of the variations; and
(b)      vary the eligibility deadline by stating a later date and time as the extended eligibility deadline, which must be at least 20 working days after the eligibility deadline.
 (3) After making any variations under subsections (1) and (2), the ACMA must approve an updated eligibility nomination form.
 (4) The ACMA must ensure that the updated eligibility nomination form includes 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 of the primary stage, at the starting price for the lots of the product; and
(b)      calculating and specifying the maximum eligibility points of an applicant based on the specified provisional start demands of the applicant; and
        (c)   in relation to each product, either:
            (i) not selecting a provisional minimum spectrum requirement; or
            (ii) selecting only one option as the provisional minimum spectrum requirement;
  for the lots of each product.
 (5) The ACMA must as soon as practicable after making any variations under subsection (1) publish, on its website:
(a)      a notice of the amounts set under paragraphs (1)(a) and (1)(b); and
(b)      a notice of the date and time of the new application deadline; and
(c)      a notice of the date and time of the extended eligibility deadline; and
(d)      the updated eligibility nomination form, with instructions for completing and