Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p14
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 14/38)
Character Range: 37923–40671

applicant or bidder, or a contractor of an applicant or bidder, disclosing information about the auction if:
(a)      the information is already publicly available; and
(b)      the information was not made available because of a breach of this section.

18 Duration of confidentiality obligation
  Section 17 applies to an applicant or bidder, a related person of the applicant or bidder, and a contractor of the applicant or bidder until:
(a)      the applicant, as a withdrawn applicant, is notified under section 63 that the applicant's confidentiality obligation is at an end; or
(b)      for a bidder (whether or not a winning bidder), the ACMA announces or publishes the information mentioned in subsection 69(1) (after winning bidders are notified in accordance with subsection 69(2)).

19 Reporting breach of confidentiality
  An applicant or bidder, or a related person of an applicant or bidder, or a contractor of an applicant or bidder, who:
(a)      discloses confidential information in breach of section 17; or
(b)      receives the confidential information of another applicant or bidder;
  must report the disclosure or receipt in writing to the ACMA as soon as possible, but no later than 2 working days after becoming aware the disclosure or receipt has occurred.

20 Notice of breach of confidentiality
 (1) If the ACMA has reason to believe that an applicant or bidder, or a related person of the applicant or bidder, or a contractor of the applicant or bidder, may have disclosed confidential information in breach of section 17 or received confidential information as a result of a breach of section 17, the ACMA must:
(a)      tell the applicant or bidder, giving details of the matter; and
(b)      ask the applicant or bidder to make submissions about the matter; and
(c)      state a deadline for the receipt of submissions that is no more than 5 working days after the date of the request.
 (2) If the ACMA forms the belief before the end of the auction period, the ACMA is not required to tell the applicant or bidder before the auction period ends, but must tell the applicant or bidder as soon as practicable after the auction period ends.

21 Deed of confidentiality required from related persons and contractors
 (1) A related person of an applicant or bidder who has knowledge of the applicant's or bidder's confidential information must give the ACMA a deed of confidentiality if the person is:
(a)      an employee of the applicant or bidder; or
(b)      an employee of a related body corporate of the applicant or bidder that provides services to the applicant or bidder.
 (2) A contractor of an applicant or bidder who has knowledge of the applicant's or bidder's confidential information must give the ACMA a