The ACA must send a copy of each applicant’s application documents to the ACCC within 5 working days of receiving them.
1A.5 Applicants to provide statutory declarations
(1) No more than 10 working days after the application closing date, the ACA must:
(a) give each applicant details about the identity of all other applicants and their associates; and
(b) ask each applicant to make a statutory declaration stating whether the applicant is an associate of another applicant and, if so, giving details of the other applicant and the association.
(2) The ACA must state a date, not less than 10 working days after the date of the request, by which the statutory declaration must be received by the ACA.
(3) Each applicant must give the ACA a statutory declaration in accordance with this section.
(4) The statutory declaration must be made by a director of the applicant.
1A.6 Exclusion of applicants because of failure to make statutory declaration
An applicant who does not give the ACA a statutory declaration in accordance with section 1A.5 is excluded from taking any further part in the price-based allocation system under this determination.
1A.7 Consequences of exclusion
(1) The entry fee of an applicant who is excluded from obtaining an SL because of failure to make a statutory declaration (an excluded applicant) is not refundable.
1A.8 Options available to associated applicants
(1) If the ACA considers that a group (an applicant group) of 2 or more applicants are associated with one another, the ACA must:
(a) tell each member why the ACA considers them to be associated; and
(b) tell the members of the group of the options available to them under subsection (2); and
(c) tell each member of the effect of section 1A.10.
(2) The following options are available to the members of the group:
(a) withdrawing applications in accordance with subsection (3); or
(b) choosing not to withdraw.
(3) For subsection (2), the following ways of withdrawing applications are permissible:
(a) withdrawal of applications by all members of the group (whether or not the group then takes advantage of section 1A.11 to make a new application); or
(b) withdrawal of applications by all but 1 member of the group.
(4) Within 10 days of the ACA telling the members of the group that the ACA considers them to be associated, the members must:
(a) tell the ACA, in writing, which option they propose to take; and
(b) if an application is to be made under section 1A.11, give the ACA a completed application form for the purposes of that section.
Note: By subsection 1A.11 (3), the Deed of Acknowledgment and the entry fee must accompany the completed application form.
1A.9 Consequences of withdrawal
If an applicant withdraws:
(a) the application is of no effect; and
(b) the applicant’s entry fee is not refundable; and
(c) the applicant’s eligibility payment and all repayable performance payments (if any) are refundable.
1A.10 Consequences of applicants choosing not to withdraw
(1) A decision of members of an applicant group not to withdraw has the following consequences:
(a) each member of the group (member) will be jointly and severally liable for all bids made using the BIN and
encryption keys and transaction code keys allocated to members;
(b) an SL will only be issued if members are successful in accordance with an authority and direction, in the approved form, given jointly by the members to the ACA indicating how the lots are to be allocated between them within the allocation limit;
(c) the applicant group will be subject to the same consequences as a single applicant under subsection 1A.14 (2).
(2) Members choosing not to withdraw must acknowledge the consequences mentioned in subsection (1) when telling the ACA under subsection 1A.8(4) that they choose not to withdraw.
1A.11 Making a new application
(1) If all applications by the members of an applicant group are withdrawn, a new applicant may apply to the ACA for registration.
Note: By subsection 1A.8 (4), the application must be given to the ACA within 10 working days of the ACA telling the members of the group that the ACA considers them to be associated.
(2) The new applicant must be a legal entity made up of only 1 or more members of the same applicant group who have withdrawn their individual applications under paragraph 1A.8 (3) (a) and who wish to take part in making the new application.
(3) Sections 2.4 and 2.6 apply to a new application, except that the eligibility payment, and Deed of Financial Security or performance payment, must be given to the ACA within the 10 days mentioned in subsection 1A.8 (4).
(4) The new application must be accompanied by a statutory declaration by the new applicant that it is not associated with any person except a person making up the entity.
1A.12 New application—limit on acceptance
The ACA must not accept a new application unless it is satisfied that the new applicant is not associated with:
(a) any other applicant who has not withdrawn; or
(b) if there is, or may be, another new applicant—the other new applicant.
1A.13 Designation of applicants as associated applicants
(1) If an applicant group does not tell the ACA that it is exercising 1 of the options under subsection 1A.8 (2) within the 10 day period mentioned in subsection 1A.8 (4), the ACA must designate the members of the group who have not withdrawn as associated applicants.
(2) If only some members of the group withdraw, the ACA must designate the remaining members as associated applicants.
(3) The ACA must tell the applicants, in writing, that they have been designated as associated applicants and that the decision is reviewable by the AAT.
For the contents of a notice telling the applicants that they have been designated as associated applicants, see the Code of Practice made under s 27B of the Administrative Appeals Tribunal Act 1975.
A decision designating applicants as associated applicants can be reviewed by the AAT, see section 1A.29.
1A.14 Consequences of designation as associated applicants
(1) If the ACA designates members of a group of applicants as associated applicants (a designated applicant group), the members of the group are to be taken, for this determination, to be a single applicant.
(2) The ACA must deal with members of a designated applicant group taken to be a single applicant for subsection (1) by;
(a) registering the designated applicant group as a separate bidding entity for the auction; and
(b) revoking any BINS, encryption keys and transaction code keys previously issued to the members of the designated applicant group; and
(c) issuing a common BIN, password, and set of encryption keys and transaction code keys for use by the designated applicant group; and
(d) setting the eligibility of the designated applicant group as 1 unit; and
(e) setting the number of waivers for the designated applicant group at the same number as other applicants who are not members of a designated applicant group; and
(f) accepting the first relevant bidding instruction file mentioned in section 4.9 that is received by the ACA as the only bid file of members of the designated applicant group; and
(g) treating any bid or automatic rebid, bid withdrawal, or exercise of waiver by a member of a designated applicant group as if it had been made, withdrawn or exercised by each other member of that group.
(3) For subsection (2), a relevant bidding instruction file is a bid file that was created using the common BIN and set of encryption keys and transaction code keys mentioned in paragraph (2) (b).
Note:
A BIN is allocated on registration, as is a set of encryption keys and transaction code keys (subsection 2.14 (2)).
Division Div 4 - Radiocommunications (Space Licence Allocation) Determination 2001 - Procedures Before Auction | Zoe