Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p28
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 28/38)
Character Range: 74400–77292

who is not already an applicant (including a withdrawn applicant), may apply to become registered as a bidder in the auction by:
(a) giving the ACMA a completed application form; and
(b) giving the ACMA a deed of acknowledgement executed by the applicant; and
(c) giving the ACMA a deed of confidentiality executed by the applicant; and
(d) paying the application fee;
      before the new application deadline.
Note: For information on how an application fee must be paid, see section 9.
 (2) After the new application deadline and no later than the extended eligibility deadline, a new applicant must:
(a)     give the ACMA a completed eligibility nomination form (being an updated eligibility nomination form), which:
            (i)       specifies the number of lots of each product desired by the applicant as valid 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
            (ii)     specifies the maximum eligibility points of the applicant, based on the specified provisional start demands; and

            (iii)  in relation to each product, either does not select a provisional minimum spectrum requirement, or selects only one option as the provisional minimum spectrum requirement, for the lots of each product; and
(b)     in accordance with section 36, do one of the following:
            (i)       make an eligibility payment of an amount to the ACMA on behalf of the Commonwealth;
            (ii)     give the ACMA on behalf of the Commonwealth a deed of financial security, for an amount;
            (iii)  make an eligibility payment of part of an amount and give a deed of financial security for the remainder.

          Note: For information on how an eligibility payment is made, see section 9.  For information on how a deed of financial security is given, see section 7 and subsections 36(7) and 36(8).
 (3) For paragraph (2)(b), amount, in relation to a person, has the meaning given by subsection 36(2).
 (4) If, before the extended eligibility deadline, a new applicant has not:
         (a)     given the ACMA a completed eligibility nomination form (being an updated eligibility nomination form); and
         (b)     made an eligibility payment to the ACMA on behalf of the Commonwealth, or given a deed of financial security to the ACMA on behalf of the Commonwealth, or a combination of both;
  in accordance with subsection (2), the applicant is taken to have withdrawn its application.
 (5) A new applicant may give the ACMA an updated document:
         (a)     for paragraph (1)(a), (1)(b) or (1)(c) – at any time until the new application deadline, but not after the new application deadline; or
         (b)     for paragraph (2)(a), or subparagraph (2)(b)(ii) or (2)(b)(iii) – at any time until the extended eligibility deadline, but not after the