Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p32
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 32/36)
Character Range: 83530–86215

(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 of the affiliation.
 (2) The ACMA must state a deadline, at least 5 working days after the date of the request, before which the statement must be received by the ACMA.
 (3) A winning bidder must give the ACMA the statement by the deadline.
           Note 1: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code Act 1995.
           Note 2: Section 136.1 of the Criminal Code Act 1995 also makes it an offence to make a false or misleading statement in connection with an application for a licence.

59 Notification that winning bidders are affiliated
  If the ACMA is satisfied that two or more winning bidders have become affiliated after the auction period (but were not affiliated during the auction period), the ACMA must, in writing, notify the bidders and tell them the basis on which the ACMA is satisfied the bidders are affiliated.

60 Consequences of affiliation between bidders
 (1) If the ACMA notifies two or more winning bidders under section 59 that it is satisfied the bidders are affiliated, the ACMA must not issue spectrum licences to the bidders that would exceed the allocation limits:
         (a)  applicable to a product, other than the Perth lower band product and the Perth upper band product; or
         (b)  applicable to the Perth combined products.
 (2) If the issue of spectrum licences to the affiliated bidders for all the lots of a product the bidders were allocated at auction would exceed the allocation limits applicable to the product (other than the Perth lower band product and the Perth upper band product) or applicable to the Perth combined products, the bidders may give a direction in writing to the ACMA specifying how spectrum is to be allocated between the bidders up to the allocation limits applicable to the product (other than the Perth lower band product and the Perth upper band product) or applicable to the Perth combined products.
 (3) The direction must be given jointly by the affiliated bidders and must be given to the ACMA within 5 working days after the bidders received notification under section 59.
 (4) If the ACMA does not receive a direction within those 5 working days, the ACMA may, for any part of the spectrum where the lots of a product allocated to the affiliated bidders exceed the allocation limits applicable to the product (other than the Perth lower band product and the Perth upper band product) or applicable to