45Dealing with affiliation—new applicant

45  Dealing with affiliation—new applicant

New applicant to be formed and may apply to participate

 (1) If the members of a group of affiliated applicants notified by the ACMA under subsection 44(1) decide that a new applicant (new applicant) is to submit a new application, the new applicant must be a body corporate whose only members are one or more of those affiliated applicants.

 (2) The new applicant must, within 10 working days of the ACMA notifying the affiliated applicants under subsection 44(1):

 (a) give the ACMA a completed application form; and

 (b) give the ACMA a completed associates form; and

 (c) give the ACMA a deed of acknowledgement executed by the new applicant; and

 (d) give the ACMA a deed of confidentiality executed by the new applicant; and

 (e) pay the application fee.

Note: For information on how an application fee must be paid, see section 9. For refunds, see section 35.

 (3) If the ACMA receives the documents and application fee required under subsection (2), the ACMA must give each applicant (including the new applicant) updated details about the identity of all other applicants, and the persons identified in applications as the associates of the other applicants.

 (4) The updated information does not need to include those applicants who have already withdrawn.

 (5) The new applicant’s application is not valid unless the new applicant, no later than 3 working days after the ACMA gives the new applicant the updated information (or, if the ACMA agrees to a later time, the agreed time), makes and gives the ACMA a statutory declaration that the new applicant is not affiliated with any other applicant mentioned in the updated information.

Applying for eligibility points and to be allocated leftover lots

 (6) The new applicant must, no later than the eligibility deadline or extended eligibility deadline (if there is one), whichever is the case (or if the ACMA agrees to a later time, the agreed time) give the ACMA:

 (a) a completed eligibility nomination form, which includes the matters set out in subsection 39(1); or

 (b) a completed updated eligibility nomination form, which includes the matters set out in subsection 48(2);

as appropriate.

Note: The applicant must secure the eligibility points with an eligibility payment or deed of financial security (or both): see section 41.

 (7) If the new applicant fails to comply with subsection (6), the new applicant is taken to have withdrawn its application.

 (8) If, at any time before the new applicant is registered as a bidder, the ACMA is satisfied that the new applicant is affiliated with one or more other applicants who have not withdrawn their applications (including another applicant who has applied under this section), the new applicant and each of the other applicants is taken to have withdrawn its application.