Document ID: chunk:federal_register_of_legislation:F2020L01453:clause:4_66:p3
Version: federal_register_of_legislation:F2020L01453
Segment Type: clause
Provision Reference: sch 4 cl 66 (pt 3/5)
Character Range: 106645–109472

specified in the notice, any such documents.
          Note: If a requirement in a notice given under this subsection is breached, the ACMA may take action under section 75.
 (2) The ACMA may vary a notice given under subsection (1).

73 Use of information and documents by ACMA
 (1) The ACMA may use information or documents it obtains in the performance of its functions or exercise of its powers under this instrument:
(a)      for the purposes of this instrument, including disclosing or publishing information or documents as provided for in this instrument; and
(b)      in relation to a spectrum licence to be issued, or issued, as a result of the auction.
 (2) The ACMA may retain possession of a document or other item given to the ACMA for the purposes of this instrument for as long as necessary for the performance of the ACMA's functions and exercise of its powers under this instrument or the Act.
 (3) The ACMA may disclose information or documents in accordance with Part 7A of the Australian Communications and Media Authority Act 2005 or as otherwise authorised by law.

74 ACMA to provide information to ACCC on request
 (1) The ACCC may make a request to the ACMA for information in relation to the auction or in relation to an applicant or bidder.
 (2) The ACMA must provide the requested information to the ACCC if the ACMA has the information.
 (3) Without limiting subsection (1), information that the ACCC may request includes the following:
(a)      completed application forms and completed eligibility nomination forms (including any updates to such forms);
(b)      deeds of confidentiality;
(c)      information about an applicant's associates and affiliations (including statutory declarations and statements made under this instrument);
(d)      information about any breaches of confidentiality obligations;
(e)      information about bidding during the auction;
(f)       information about the outcomes of the procedures in Part 6.

75 Retention of eligibility payment or enforcement of deed of financial security for breach of auction procedures
 (1) The ACMA on behalf of the Commonwealth may retain an eligibility payment made by an applicant or bidder, or enforce a deed of financial security given by an applicant or bidder, if:
(a)      the ACMA is satisfied that:
(i)            the applicant or bidder, or a related person of the applicant or bidder, or a contractor of the applicant or bidder, breached a provision of this instrument; and
(ii)         the breach affected, or may have affected, the outcome of the auction; or
(b)      the ACMA is satisfied that the applicant or bidder, or a related person of the applicant or bidder, or a contractor of the applicant or bidder, breached the confidentiality obligation under section 17 before the confidentiality obligation came to an