45Giving replacement application form

45  Giving replacement application form

 (1) No later than the new application deadline, an applicant may give the ACMA an application form to replace its application form (original application form) given by the application deadline.

Note 1: If an applicant who validly gave the ACMA an original application form before the application deadline does not give the ACMA an application form under this subsection, and does not withdraw its application, its original application form continues to apply for the purposes of this instrument.

Note 2: A set-aside applicant may give the ACMA an application form under this subsection that contains a different election whether to take up set-aside lots, to that contained in its original application form.

 (a) as a result of its original application form, a set-aside applicant is a set-aside participant; and

 (b) in its completed application form given under subsection (1), the applicant states that it does not elect to take up a set-aside lot of both the 900 upper major population product and the 900 upper regional product;

  then, for the purposes of this instrument, the applicant ceases to be a set-aside participant from the new application deadline.

 (a) as a result of its original application form, a set-aside applicant is not a set-aside participant; and

 (b) in its completed application form given under subsection (1), the applicant states that it elects to take up a set-aside lot of both the 900 upper major population product and the 900 upper regional product;

  then, for the purposes of this instrument:

 (c) subsection 62(1), if it did not already apply, applies in relation to the auction; and

 (d) the applicant is a set-aside participant from the new application deadline.