Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p20
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 47845–50618

Auction manager's discretion to accept bidding instructions

 (1) The auction manager may permit a bidder to submit a bidding instruction during the bidding period for a round by a method other than the auction system if the auction manager is satisfied that the bidder is not able to submit a bidding instruction for the round using the auction system.

 (2) The auction manager may permit a bidder to submit a bidding instruction for a round after the end time of the bidding period if the auction manager is satisfied that the bidder could not submit the bidding instruction during the bidding period because of technical or communication problems.

 (3) A bidding instruction permitted by the auction manager under subsection (2) is taken to have been validly made during the bidding period.

 (4) The auction manager must not permit a bidder to submit a bidding instruction under subsection (2) after the results for the round have been provided to bidders.

6.9  Action that auction manager may take in exceptional circumstances

 (1) If the auction manager is satisfied that the auction is affected by exceptional circumstances, the auction manager may:
 (a) make corrections to:
 (i) the results of the current round of the auction; and
 (ii) information received by a bidder during the results period for the round; or
 (b) stop the current round of the auction and restart the round; or
 (c) cancel the results of one or more auction rounds and restart the auction from the point before those rounds; or
 (d) restart the auction from the first round; 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 obligations in section 3.2.

 (3) Subsection (2) does not limit what might constitute exceptional circumstances.

Division 4 Affiliations during the auction

6.10 Affiliation 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 8.6.

6.11 Requirement to report affiliation

  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.

6.12 Auction continues despite possible affiliation

  If the ACMA becomes aware during the auction period that 2 or more bidders may be affiliated, the auction is to continue and the bidders may continue to participate in the auction.

6.13 ACMA consideration of affiliation

 (1) If the ACMA has reason to believe that 2 or