Div 6Procedures after auction

Division 6—Procedures after auction

1A.22 Successful applicants to make statutory declarations

(1) After the close of the auction, but before SLs are issued, the ACA must give each successful applicant identification details of all other successful applicants and ask each successful applicant to make a statutory declaration stating whether the applicant is an associate of any other successful applicant and, if so, giving details of the 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.

1A.23 Exclusion of applicants because of failure to make statutory declaration

A successful applicant who does not give the ACA a statutory declaration in accordance with section 1A.22 is excluded from obtaining an SL in the allocation process.

1A.24 Consequences of exclusion

(1) If a successful applicant is excluded from obtaining an SL, the lot for which the applicant was successful is taken to be unallocated.

(2) The entry fee of a successful applicant who is excluded from obtaining an SL because of failure to make a statutory declaration (an excluded applicant) is not refundable.

(3) The eligibility payment and all repayable performance payments (if any) of an excluded applicant are refundable.

(4) However, before refunding the eligibility payment and repayable performance payments (if any) of an excluded applicant, the ACA must deduct any bid withdrawal penalties (see Part 4) from the amount to be refunded.

(5) In working out the bid withdrawal penalties deductible under subsection (4), all successful bids of the applicant are taken to be withdrawn.

1A.25 Designation of associated applicants after auction

(1) If the ACA considers that 2 or more successful applicants who have not been excluded are associated, the ACA must designate the applicants as associated applicants.

(2) 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.

1. For the contents of a notice telling the applicants that they have been designated as associated applicants, see the Code of Practice made under section 27B of the Administrative Appeals Tribunal Act 1975.

2. A decision designating applicants as associated applicants can be reviewed by the AAT, see section 1A.29.

1A.26 Consequences of designation as associated applicants

(1) If the ACA designates 2 or more successful applicants as associated applicants, the ACA must combine the lots for which the applicants were successful.