Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p31
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 31/36)
Character Range: 81007–83770

is to continue and the bidders may continue to participate in the auction.

55 ACMA consideration of affiliation
 (1) If the ACMA has reason to believe that two or more bidders are affiliated during the auction period, or that a bidder is affiliated with an existing relevant band licensee, the ACMA must, in writing, notify the bidders or bidder and tell them the basis on which the ACMA believes that the affiliation exists.
 (2) If a bidder gave the ACMA information under section 53 and the ACMA does not consider that the affiliation exists, the ACMA must tell the bidder in writing that the ACMA does not consider the affiliation to exist.

Part 6—Procedures after auction
Division 1 Confirmation of auction results

56 Notice and refunds to unsuccessful bidders
 (1) As soon as practicable after the end of the auction period, the ACMA must notify each bidder that is not a winning bidder that:
(a)      the bidder was unsuccessful in the auction; and
(b)      the bidder's confidentiality obligations under section 18 have ended.
 (2) If the bidder made an eligibility payment, the ACMA on behalf of the Commonwealth must refund the eligibility payment no later than 6 months after giving the notice under subsection (1) unless the ACMA has made a decision to retain the eligibility payment under section 75.
          Note: Section 75 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.

57 Notice and refunds to withdrawn applicants
 (1) As soon as practicable after the end of the auction period, the ACMA must notify each applicant that withdrew, or was taken to have withdrawn its application, that the applicant's confidentiality obligations under section 18 have ended.
       (2) If an applicant that withdrew, or was taken to have withdrawn, its application made an eligibility payment, the ACMA on behalf of the Commonwealth must refund the eligibility payment no later than 6 months after giving the notice under subsection (1) unless the ACMA has made a decision to retain the eligibility payment under section 75.

          Note: Section 75 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.

58 Winning bidder to make statement about affiliations
 (1) As soon as practicable after the end of the auction period, the ACMA must:
(a)      give each winning bidder details about the identity of all other winning bidders and all existing relevant band licensees; and
(b)      ask the bidder to make a statement whether the bidder is an affiliate of another winning bidder or of an existing relevant band licensee and, if so, identifying the other bidder or existing relevant band licensee and giving details