Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:48:p2
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 48 (pt 2/2)
Character Range: 103825–106091

give a deed of financial security to the ACMA.
Note 1: If an applicant makes an eligibility payment or gives a deed of financial security (or both) for an amount less than the required amount, as defined in subsection 42(2), see subsections 42(3) to 42(8).
Note 2: If an applicant makes an eligibility payment or gives a deed of financial security (or both) for an amount more than the required amount, as defined in subsection 42(2), see subsection 73(2) or 74(2), or paragraph 77(1)(a), for the requirement to refund the whole or part of the eligibility payment. Otherwise, see subsection 75(2) in relation to calculating the balance of the winning price.
 (5) If a new applicant fails to comply with subsection (4):
 (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 (b) in any other case – the new applicant is taken to have withdrawn its application.
 (6) A new applicant may give the ACMA an updated, additional or replacement document:
 (a) for a document mentioned in paragraph (1)(c), (1)(d) or (1)(e) – at any time until the new application deadline, but not after the new application deadline; or
 (b) for a document mentioned in paragraph (4)(a) or (4)(b) – at any time until the extended eligibility deadline, but not after the extended eligibility deadline.
 (7) If a deed of financial security (for subparagraph (4)(b)(ii) or (iii)) is given to the ACMA by email before the extended eligibility deadline, the original deed must be received by the ACMA no later than 3 working days after the extended eligibility deadline (or, if the ACMA agrees to a later time, the agreed time).
 (8) If the new 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 (b) in any other case – the applicant is taken to have withdrawn its application.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) The ACMA must:
 (a) if a set-aside participant is not entitled to bid during the primary stage and the secondary stage – tell the set-aside participant in writing; or
 (b) if an applicant is taken to have withdrawn its application under paragraph (5)(b) or (8)(b) – tell the applicant in writing.