31Making an application

31  Making an application

 (1) A person may apply to become registered as a bidder in the auction by:

 (a) subject to subsection (2), 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.

 (2) If the applicant is a set-aside applicant, to apply to become registered as a bidder in the auction the person must give the ACMA a completed application form stating whether the person elects to take up a set-aside lot of both:

 (a) the 900 upper major population product; and

 (3) If one or more set-aside applicants give the ACMA a completed application form that, in each case, states that the set-aside applicant elects to take up a set-aside lot of both the 900 upper major population product and the 900 upper regional product:

 (a) subsection 62(1) applies in relation to the auction; and

 (b) each of those set-aside applicants is a set-aside participant.

 (4) If no set-aside applicant gives the ACMA a completed application form that states that the set-aside applicant elects to take up a set-aside lot:

 (a) subsection 62(2) applies in relation to the auction; and

 (b) there are no set-aside participants.

 (5) As soon as practicable after the application deadline, and at least 15 working days before the eligibility deadline, the ACMA must:

 (a) approve a form (eligibility nomination form) that complies with subsection (6); and

 (b) tell each applicant, in writing, how many set-aside participants there are (if any); and

 (d) tell each applicant, in writing, the supply of:

 (i)  the 900 upper major population product; and

 (ii) the 900 upper regional product; and

 (e) give each applicant a copy of the eligibility nomination form; and

 (f) give each applicant information about making an eligibility payment, or giving a deed of financial security, or both making an eligibility payment and giving a deed of financial security, for an applicant to secure its maximum eligibility points.

Note: For the 900 upper products, supply depends upon whether one or more set-aside applicants have elected to take up set-aside lots.

 (6) The eligibility nomination form must include a requirement for, and a guide to:

 (a) specifying the number of lots of each product desired by an applicant as the provisional start demands of the applicant before the pre-bidding phase, at the starting price for the lots of the product; and