Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p30
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 30/36)
Character Range: 78482–81235

(a)      make corrections to:
            (i)       the results of the round of the auction that last ended; and
            (ii)     information received by a bidder after that round; or
(b)      stop the current round of the auction and restart the round; or
(c)      cancel the results of one or more rounds of the auction and restart the auction from the point before those rounds; or
(d)      cancel the results of all the rounds of the auction in the primary stage or the secondary stage or the assignment stage and restart the auction from the first round of the relevant stage; or
(e)      stop the auction.
 (2) For this section, exceptional circumstances include:
(a)      a significant technical difficulty with the auction system; or
(b)      a breach of the confidentiality obligation in section 18.
 (3) Subsection (2) does not limit what might constitute exceptional circumstances.
 (4) This section applies to clock rounds in the primary stage, rounds in the secondary stage and assignment rounds in the assignment stage of the auction.
Division 2 Affiliations during auction

52 Affiliation between bidders during auction period not permitted
  A bidder must not be affiliated with another bidder during the auction period.
          Note: If the ACMA is satisfied that a breach of this provision has occurred, the ACMA may take action under section 75. Section 75 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.

53 Requirement to report affiliation
 (1) If, at any time during the auction period, a bidder believes that it may be an affiliate of another bidder, the bidder must immediately tell the ACMA in writing the identity of the other bidder and give details of the affiliation.
 (2) If, at any time during the auction period, a bidder believes that it may be an affiliate of an existing relevant band licensee, the bidder must immediately tell the ACMA in writing the identity of the existing relevant band licensee and give details of the affiliation.
 (3) Subsection (2) does not apply in relation to an affiliation between a bidder and an existing relevant band licensee if the ACMA gave the bidder a notice in writing in relation to the affiliation under section 36 of this instrument.

54 Auction continues despite possible affiliation
  If the ACMA becomes aware during the auction period that two or more bidders may be affiliated, or that a bidder may be affiliated with an existing relevant band licensee, the auction 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