Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p6
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 12819–15606

when represented by the ACMA) who has a relevant agreement with the person that:
 (i) is for the use by a party to the agreement of spectrum licensed to either of those parties under a spectrum licence for a part of the spectrum referred to in the Re-allocation Declaration; or
 (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the Re-allocation Declaration.

 (2) For paragraph (c) of the definition of associate in subsection (1), a relevant agreement means an agreement, arrangement or understanding:
 (a) whether formal or informal or partly formal and partly informal; and
 (b) whether written or oral or partly written and partly oral; and
 (c) whether or not having legal or equitable force and whether or not based on legal or equitable rights;
other than a roaming services agreement or an agreement between carriers provided for by or under the Telecommunications Act 1997 or Part XIC of the Competition and Consumer Act 2010.

2.3 Affiliation between applicants or bidders

 (1) Two applicants or bidders are affiliated if:
 (a) the applicants or bidders are associates of each other; or
 (b) the specified group of persons in relation to one applicant or bidder has at least one member in common with the specified group of persons in relation to the other applicant or bidder.

Note   Paragraph 2.3 (1) (b) means that 2 applicants or bidders are affiliated if they have an associate in common.

 (2) If 2 applicants or bidders are affiliated, they are taken to be in a single specified group of persons for the purpose of the allocation limits.

2.4 Information relevant to considering whether applicants or bidders are affiliated

 (1) When considering under this Determination whether 2 or more applicants or bidders are affiliated, the ACMA must have regard to:
 (a) application forms lodged under paragraph 4.7 (1) (a); and
 (b) statutory declarations and statements made under this Determination.

 (2) The ACMA may have regard to any other information that it considers relevant.

Part 3 Confidentiality

Overview of Part 3

This Part sets out the confidentiality obligations of applicants and bidders. Certain information about the allocation by auction or for a pre-determined price must not be shared until after the allocation process is completed.

3.1 Meaning of confidential information

  In this Determination:
confidential information, in relation to an applicant or bidder, means:
 (a) documents the applicant or bidder has given to the ACMA for the purpose of the allocation process; and
 (b) information provided to the bidder under section 6.2 for the purpose of participating in the auction; and
 (c) a bidding instruction made by the bidder in the auction; and
 (d) a proposed bidding instruction by