40  Compliance or non-compliance with allocation limits procedures – effect on supply of 900 upper products

Application of section

 (a) an applicant is a set-aside participant; and

 (b) the applicant is taken to have withdrawn its application under section 36, section 37 or subsection 38(10); and

 (c) at the time the applicant is taken to have withdrawn its application, the ACMA has not set an extended eligibility deadline under paragraph 43(3)(b);

 (a) the ACMA receives an application under subsection 38(2); and

 (b) the applicant is a set-aside participant; and

 (c) the applicant is not taken to have withdrawn its application under subsection 38(10); and

 (d) at the time the ACMA receives the application, the ACMA has not set an extended eligibility deadline under paragraph 43(3)(b);

Effect on supply of 900 upper products

 (3) If this section applies, the ACMA may vary the eligibility deadline (varied eligibility deadline).

 (4) The varied eligibility deadline must be later than:

 (a) if the ACMA makes its decision under subsection (3) before the eligibility deadline – the eligibility deadline; or

 (b) if the ACMA makes its decision under subsection (3) after the eligibility deadline – the day on which the ACMA made its decision under subsection (3).

 (5) If this section applies because of subsection (1), the applicant that is taken to have withdrawn its application ceases to be a set-aside participant.

 (6) If, at the application deadline, there was at least one set-aside participant but, as a result of the operation of subsection (5), there are no set-aside participants, then from the time the last applicant is taken to have withdrawn its application:

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

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

 (c) there are no set-aside participants.

 (7) If the ACMA varies the eligibility deadline under subsection (3), the ACMA must:

 (a) approve a form (varied eligibility nomination form) that complies with subsection (8); and

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

 (d) tell each applicant, in writing:

 (i) what the supply of the 900 upper major population product is; and

 (ii) what the supply of the 900 upper regional product is; and

 (e) give each applicant a copy of the varied eligibility nomination form.

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