Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:37
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 37
Character Range: 69038–70571

37  Procedure if ACMA satisfied applicants are affiliated
 (1) If the ACMA is satisfied that two or more applicants are affiliated, the ACMA must, in writing:
 (a) notify the affiliated applicants and tell them the basis on which the ACMA is satisfied the applicants are affiliated; and
 (b) notify the affiliated applicants that to participate in the auction:
 (i) each affiliated applicant must withdraw its application, and a new applicant must submit an application under section 38; or
 (ii) each affiliated applicant, but one, must withdraw its application.
 (2) Within 8 working days of the ACMA notifying the affiliated applicants under subsection (1), the applicants must notify the ACMA in writing which option under paragraph (1)(b) the applicants have decided to take.
 (3) If the affiliated applicants do not notify the ACMA within those 8 working days, each of the affiliated applicants is taken to have withdrawn its application.
 (4) If, within those 8 working days, some of the affiliated applicants withdraw their applications but more than one affiliated applicant does not, each of the remaining affiliated applicants is taken to have withdrawn its application.
 (5) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (3) or (4).
Note: If an applicant that is taken to have withdrawn its application under subsection (3) or (4) is a set-aside participant, see section 40 of this instrument and paragraph 6(2)(c) of the spectrum licence limits direction.