(1) A person may apply to become registered as a bidder in the auction by:
(a) giving the ACMA a completed application form; and
(b) giving the ACMA a deed of acknowledgement executed by the applicant; and
(c) giving the ACMA a deed of confidentiality executed by the applicant; and
(d) paying the application fee;
before the application deadline.
Note: For information on how an application fee must be paid, see section 9.
(2) After the application deadline and no later than the eligibility deadline, an applicant must:
(a) give the ACMA a completed eligibility nomination form, which:
(i) specifies the number of lots of each product wanted by the applicant as valid start demands of the applicant for the first clock round of the primary stage, at the starting price for the lots of the product; and
(ii) specifies the initial eligibility points of the applicant, based on those specified start demands; and
(iii) in relation to each product, either does not select a minimum spectrum requirement, or selects only one option as the minimum spectrum requirement, for the lots of each product; and
(b) in accordance with section 38, do one of the following:
(i) make an eligibility payment of an amount to the ACMA on behalf of the Commonwealth; or
(ii) give the ACMA on behalf of the Commonwealth a deed of financial security, for an amount; or
(iii) make an eligibility payment of part of an amount and give a deed of financial security for the remainder.
Note: For information on how an eligibility payment is made, see section 9. For information on how a deed of financial security is given, see section 7 and subsections 38(7), 38(8) and 38(9).
(3) For paragraph (2)(b), amount, in relation to a person, has the meaning given by subsection 38(2).
(4) If, before the eligibility deadline, an applicant has not:
(a) given the ACMA a completed eligibility nomination form; and
(b) made an eligibility payment to the ACMA on behalf of the Commonwealth, or given a deed of financial security to the ACMA on behalf of the Commonwealth, or a combination of both;
in accordance with subsection (2), the applicant is taken to have withdrawn its application.
(5) An applicant may give the ACMA an updated document:
(a) for paragraph (1)(a), (1)(b) or (1)(c) – at any time until the application deadline, but not after the application deadline; or
(b) for paragraph (2)(a), or subparagraph (2)(b)(ii) or (2)(b)(iii) – at any time until the eligibility deadline, but not after the eligibility deadline.
(6) If a deed of financial security (for subparagraph (2)(b)(ii) or (2)(b)(iii)) is given to the ACMA on behalf of the Commonwealth by email or fax before the eligibility deadline the original deed must be received by the ACMA no later than 3 working days after the eligibility deadline (or, if the ACMA agrees to a later time, the agreed time) for the application to be valid.
30 Start demand validity rules for application
(1) For the purposes of subparagraph 29(2)(a)(i), a start demand of an applicant for lots of a product is valid if both of the following apply in relation to the start demand:
(a) the total size of the lots of the product for the start demand does not exceed the applicant’s allocation limits (when expressed in MHz):
(i) applicable to the product, other than the Perth lower band product and the Perth upper band product; or
(ii) applicable to the Perth combined products; and
(b) the number of lots for the applicant’s start demand of the product is not greater than the number of lots for the supply of the product.
Note: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in the Perth area (among other areas). However, the lots in the Perth area are divided into two different products: the Perth lower band product and the Perth upper band product. For the purposes of the allocation limits, the two products are treated as just one product. For all other purposes, they are to be treated as two products. See subsection 11(2).
(2) In subsection (1), supply has the meaning given by subclause 2(1) of Schedule 1.
31 Applicants to notify ACMA if application information incorrect
(1) If an applicant knows that any of the information in the application is incorrect, or has become incorrect, the applicant must immediately give the ACMA the correct information.
(2) The auction manager may correct the information in the application if the auction manager is satisfied that the information is incorrect, such as it containing a clerical error or an obvious mistake or omission.
32 Applicant to make statutory declaration
(1) After the application deadline, the ACMA must:
(a) give each applicant details about the identity of all other applicants, and the persons identified as the associates of other applicants; and
(b) give each applicant details about the identity of all existing relevant band licensees, other than an existing relevant band licensee who is either an applicant or identified as an associate of an applicant; and
(c) ask each applicant to make a statutory declaration stating whether the applicant is affiliated with another applicant or with an existing relevant band licensee and, if so, identifying the other applicant or existing relevant band licensee and giving details of the affiliation.
(2) The ACMA must state a deadline, at least 5 working days after the date of the request, before which the statutory declaration must be received by the ACMA.
33 Failure to give statutory declaration
If an applicant does not give the ACMA a statutory declaration in accordance with section 32, the applicant is taken to have withdrawn its application.
34 Procedure if ACMA satisfied applicants affiliated
(1) If the ACMA is satisfied that two or more applicants are affiliated, the ACMA must, in writing:
(a) notify the applicants and tell them the basis on which the ACMA is satisfied the applicants are affiliated; and
(b) notify the affiliated applicants that to participate in the auction they must:
(i) withdraw the applications of all the affiliated applicants and submit a new application under section 35; or
(ii) withdraw the applications of all but one of the affiliated applicants.
(2) Within 10 working days of the ACMA notifying the affiliated applicants under subsection (1), the applicants must notify the ACMA in writing which option under paragraph (1)(b) the applicants have decided to take.
(3) If the affiliated applicants do not notify the ACMA within those 10 working days, the applicants are taken to have withdrawn their applications.
(4) If some of the affiliated applicants withdraw their applications, but more than one affiliated applicant does not, the remaining affiliated applicants are taken to have withdrawn their applications.
(5) The ACMA must tell the applicants in writing if they are taken to have withdrawn under subsection (3) or (4).
35 Requirements for new application
(1) If a group of affiliated applicants notified by the ACMA under subsection 34(1) decide 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 34(1):
(a) give the ACMA a completed application form; and
(b) pay the application fee.
Note: For information on how an application fee must be paid, see section 9.
(3) If the ACMA receives a completed application form and application fee 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 as the associates of other applicants.
(4) The updated information does not need to include those applicants who have already withdrawn.
(5) The new applicant must, 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):
(a) give the ACMA a deed of acknowledgement executed by the applicant; and
(b) give the ACMA a deed of confidentiality executed by the applicant; and
(c) make and give the ACMA a statutory declaration that the new applicant is not affiliated with any other applicant in the updated list and stating whether the new applicant is affiliated with an existing relevant band licensee.
(6) The new applicant must, no later than the eligibility deadline (or, if the ACMA agrees to a later time, the agreed time):
(a) give the ACMA a completed eligibility nomination form, which includes the matters set out in paragraph 29(2)(a); and
(b) in accordance with section 38, do one of the following:
(i) make an eligibility payment of an amount to the ACMA on behalf of the Commonwealth; or
(ii) give the ACMA on behalf of the Commonwealth a deed of financial security, for an amount; or
(iii) make an eligibility payment of part of an amount and give a deed of financial security for the remainder.
Note: For information on how an eligibility payment is made, see section 9. For information on how a deed of financial security is given, see section 7 and subsections 38(7), 38(8) and 38(9).
(7) For paragraph (6)(b), amount, in relation to a person, has the meaning given by subsection 38(2).
(8) If a deed of financial security (for subparagraph (6)(b)(ii) or (6)(b)(iii)) is given to the ACMA on behalf of the Commonwealth by email or fax before the eligibility deadline, the original deed must be received by the ACMA no later than 3 working days after the eligibility deadline (or, if the ACMA agrees to a later time, the agreed time) for the application to be valid.
(9) The ACMA must not accept a new application under this section unless it is satisfied that the new applicant is not affiliated with any applicant who has not withdrawn, including another new applicant.
36 Procedure if ACMA satisfied applicant affiliated with existing relevant band licensee
(1) If the ACMA is satisfied that an applicant is affiliated with an existing relevant band licensee, the ACMA must, in writing, notify the applicant and tell it the basis on which the ACMA is satisfied the applicant is affiliated with the existing relevant band licensee.
(2) If the ACMA is satisfied that an applicant is affiliated with an existing relevant band licensee:
(a) for each product where, if the applicant were issued spectrum licences for the number of lots of the applicant’s start demand of the product, the applicant’s allocation limits applicable to the product (other than the Perth lower band product and the Perth upper band product), or applicable to the Perth combined products, would be exceeded – the applicant’s start demand for the lots of the product is reduced by the number of lots necessary to ensure that the start demand does not exceed the applicant’s allocation limits applicable to the product (other than the Perth lower band product and the Perth upper band product) or applicable to the Perth combined products; and
(b) if, in accordance with paragraph (a), the number of lots of the applicant’s start demands are reduced to zero for all products – the applicant is taken to have withdrawn its application.
Note: The spectrum licence limits direction sets limits on the allocation of spectrum licences to a single person, or a specified group of persons, in the Perth area (among other areas). However, the lots in the Perth area are divided into two different products: the Perth lower band product and the Perth upper band product. For the purposes of the allocation limits, the two products are treated as just one product. For all other purposes, they are to be treated as two products. See subsection 11(2).
(3) The ACMA must tell an applicant in writing if the number of lots of its start demand of a product is reduced under paragraph (2)(a), unless subsection (4) applies.
(4) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under paragraph (2)(b).
(5) If section 34 applies to two or more applicants, the ACMA must not make a decision under subsection (1) in relation to any of those applicants until the procedures in section 34 and, if applicable, section 35 have been completed in relation to those applicants.