Document ID: chunk:federal_register_of_legislation:F2023L00865:reg:28:p1
Version: federal_register_of_legislation:F2023L00865
Segment Type: reg
Provision Reference: reg 28 (pt 1/2)
Character Range: 56496–59237

28  Meaning of confidential information
 (1) Each of the following is confidential information for an applicant or bidder:
 (a) documents the applicant or bidder has given to the ACMA for the purposes of the allocation process;
 (b) information provided to the applicant under any of the following sections, for the purpose of participating in the allocation process:
 (i) section 24 (auction information for applicants);
 (ii) section 46 (auction information for new applicants);
 (iii) section 51 (auction information for additional applicants when starting prices change);
 (c) information provided to the bidder under paragraph 54(3)(c) (information about which leftover lots have been taken up);
 (d) information provided to the bidder under paragraphs 54(3)(d) and (e) (information about using the auction system), for the purpose of participating in the allocation process;
 (e) for a bidder:
 (i) the bidder's start demand for a clock round of the primary stage of an auction;
 (ii) the bidder's posted demand for a clock round of the primary stage of an auction;
 (iii) a bid made by the bidder in an auction;
 (iv) the bidder's eligibility points at any time in the allocation period;
 (f) a proposed bid by the applicant or bidder, or a bid under consideration by the applicant or bidder;
 (g) a proposed start demand of the applicant or bidder, or a proposed start demand under consideration by the applicant or bidder;
 (h) the bidding strategy of the applicant or bidder;
 (i) the amount the applicant or bidder is willing to pay for:
 (i) a lot or combination of lots; or
 (ii) a part or parts of the spectrum in the 3.4/3.7 GHz bands;
 (j) information about the terms of agreements, or possible future agreements, affecting the use of relevant spectrum, to the extent the agreements:
 (i) relate to authorisations that are, or would be, permitted by section 68 of the Act; or
 (ii) relate to assignments made, or to be made, under section 85 of the Act; or
 (iii) deal with spectrum that is available in this allocation process;
 (k) information that, if disclosed, could be reasonably expected to affect, or be capable of affecting:
 (i) bids made or proposed to be made by another applicant or bidder; or
 (ii) start demands or proposed start demands of another applicant or bidder; or
 (iii) the bidding strategy of another applicant or bidder;
 (l) information that, if disclosed, could be reasonably expected to affect, or be capable of affecting, the outcome of the allocation process.
 (2) Despite subsection (1), the following are not confidential information for a bidder:
 (a) the mere fact that the bidder applied (or did not apply) to be directly allocated a leftover lot under Division 1 of Part 5;
 (b) the mere