Radiocommunications (Spectrum Licence Allocation – 850/900 MHz Band) Determination 2021
54Registration process
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54 Registration process
(1) The ACMA must register a person as a bidder in the auction if and only if:
(a) the later of the eligibility deadline or extended eligibility deadline (if there is one) has passed; and
(b) the person has:
(i) made a valid application under section 31, section 38 or section 48, including replacing an application form under section 45, or updating, adding to or replacing a document in an application under another provision of this instrument; and
(ii) if the person is not a set-aside participant – made an eligibility payment (including an additional eligibility payment) or given the ACMA a deed of financial security (or both) under, or for the purposes of, section 42; and
(c) the person has not withdrawn, and is not taken to have withdrawn, its application; and
(d) if a deed of financial security has been given, and the person is not a set-aside participant – the ACMA is satisfied that the person who executed the deed is a person mentioned in subsection 42(9).
Note 1: For subparagraph (b)(ii), if a set-aside participant does not make an eligibility payment or give the ACMA a deed of financial security, the set-aside participant will not be entitled to bid during the primary stage and the secondary stage. See paragraphs 31(8)(a), 38(9)(a) and 48(5)(a).
Note 2: For paragraph (d), if, in relation to a set-aside participant, the ACMA is not satisfied that the person who executed a deed of financial security is a person mentioned in subsection 42(9), the set-aside participant will not be entitled to bid during the primary stage and the secondary stage. See subsection 42(11).
(2) After the later of the eligibility deadline or extended eligibility deadline (if there is one), the ACMA must tell a bidder in writing that the bidder has been registered and may participate in the auction, and give the bidder the following:
(a) a copy of the information recorded on the register for the bidder;
(b) the ACMA’s email address and telephone number available for use by bidders;
(c) notice as to whether the bidder is a set-aside participant;
(d) information about accessing the auction system;
(e) information about how to make an entry and a bid by alternative methods if the bidder is unable to make an entry or a bid using the auction system.