Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p38
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 38/38)
Character Range: 99459–101772

applicant that withdrew, or was taken to have withdrawn, its application made an eligibility payment, the ACMA on behalf of the Commonwealth must refund the eligibility payment no later than 6 months after giving the notice under subsection (1) unless the ACMA has made a decision to retain the eligibility payment under section 75.

          Note: Section 75 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.

64 Notice and refunds to unsuccessful bidders
 (1) As soon as practicable after the end of the auction period, the ACMA must notify each bidder that is not a winning bidder that:
(a)      the bidder was unsuccessful in the auction; and
(b)      the bidder's confidentiality obligation under section 17 will end when the ACMA announces or publishes the information mentioned in subsection 69(1).
 (2) If the bidder made an eligibility payment, the ACMA on behalf of the Commonwealth must refund the eligibility payment no later than 6 months after giving the notice under subsection (1) unless the ACMA has made a decision to retain the eligibility payment under section 75.
          Note: Section 75 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.
Division 2 Winning prices, payment and issue of spectrum licences
          Note: This Division is made under section 294 of the Act and is disallowable under section 42 of the Legislation Act 2003.

65 Winning price and balance of winning price
 (1) For a winning bidder, the winning price is the total of:
         (a)      the primary price for all lots allocated to the bidder in the primary stage; and
         (b)      the secondary price (if any) for all lots allocated (if any) to the bidder in the secondary stage; and

         (c)      the total assignment price (if any) for all frequency ranges assigned to those lots in the assignment stage.

          Note: The winning price is the total spectrum access charge fixed under section 294 of the Act payable by a licensee for the issuing of spectrum licences to the licensee.
 (2) For a winning bidder, the balance of the winning price is the winning price minus any eligibility payment made by the bidder under, or for the purposes of, section 36.