50Statutory declarations and affiliations – where there are new applicants to the auction

50  Statutory declarations and affiliations – where there are new applicants to the auction

 (1) If the ACMA receives an application from a new applicant in accordance with subsection 48(1), the ACMA must, after the new application deadline:

 (a) give each applicant (including each new applicant) details about the identity of all other applicants, and the persons identified in applications as the associates of the other applicants; and

 (b) ask each applicant (including each new applicant) to make a statutory declaration stating whether the applicant is affiliated with another applicant and, if so, identifying the other applicant and giving details of the affiliation.

 (2) The updated information does not need to include an applicant who has withdrawn its application.

 (3) The ACMA must state a deadline, at least 10 working days after the date of the request, before which the statutory declaration must be received by the ACMA.

 (4) If an applicant (including a new applicant) does not give the ACMA a statutory declaration in accordance with this section, the applicant is taken to have withdrawn its application.

Note: If an applicant that is taken to have withdrawn its application under subsection (4) is a set-aside participant, see section 51, and paragraph 6(2)(c) of the spectrum licence limits direction.

 (5) If the ACMA is satisfied that two or more applicants are affiliated, the procedures in sections 37 and 38 apply.

Note: If an applicant that is a set-aside participant is taken to have withdrawn its application under section 37 or section 38, as they apply because of this subsection, see section 51, and paragraph 6(2)(c) of the spectrum licence limits direction.

 (6) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (4).