43Consequence of failing to secure eligibility points

43  Consequence of failing to secure eligibility points

Consequence for applicants who did or did not apply for a leftover lot

 (1) In a situation covered by subsection (2), (3) or (4):

 (a) for an applicant who applied to be directly allocated a leftover lot—the applicant is not entitled to bid during the primary stage or the secondary stage of either the 3.7 GHz auction or the 3.4 GHz auction; or

 (b) for an applicant who did not apply to be directly allocated a leftover lot—the applicant is taken to have withdrawn its application.

Failure generally

 (2) This situation arises if an applicant fails to comply with subsection 41(2) or (4).

Failures relating to deeds

 (3) This situation arises if:

 (a) the ACMA is not satisfied that the person executing a deed of financial security, given to the ACMA by the applicant, is a person mentioned in subsection 41(5); or

 (b) an applicant fails to comply with subsection 41(6).

Payment or security insufficient

 (4) This situation arises if:

 (a) an applicant fails to comply with a notice given under subsection 42(3); and

 (b) the number of points worked out under subsection 42(5) or (6) (whichever is applicable) is less than one.

ACMA must notify affected applicants

 (5) If any of the following occur as a result of the operation of this section, the ACMA must tell the relevant applicant in writing about that fact:

 (a) an applicant is not entitled to bid during the primary stage or secondary stage of either the 3.7 GHz auction or the 3.4 GHz auction;

 (b) an applicant is taken to have withdrawn its application.