Div 6Withdrawal of applicant

Division 6 Withdrawal of applicant

43 Withdrawal of applicant

 (1) An applicant may withdraw its application before the eligibility deadline or extended eligibility deadline (if there is one), by giving the ACMA notice in writing.

 (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another provision of this instrument, has made an eligibility payment under subsection 28(2) or 34(6) or 41(2) and in accordance with section 36, or an additional eligibility payment under subsection 39(3) for the purposes of section 36, the ACMA on behalf of the Commonwealth must refund the eligibility payment (including any additional eligibility payment) within the period specified in subsection 63(2).

 (3) Subsection (2) is subject to sections 75 and 77.

 (4) An applicant may not withdraw its application after the later of the eligibility deadline or extended eligibility deadline (if there is one).

 (5) Subject to subsection 41(1), an applicant must not be re-admitted to the auction after withdrawing, or being taken to have withdrawn, its application.