Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p8
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 17915–20710

allocated a spectrum licence on payment of the balance of the pre-determined price; or
 (b) the bidder is notified under section 7.1 that the bidder is not a winning bidder; or
 (c) the applicant, as a withdrawn applicant, is notified under section 7.2 that the applicant's confidentiality obligations are at an end; or
 (d) the bidder, as a winning bidder, makes a statement under section 7.3.

3.4 Reporting breach of confidentiality

  An applicant or bidder, or related person of an applicant or bidder, who discloses confidential information in breach of section 3.2 or who receives the confidential information of another applicant or bidder must report the disclosure or receipt to the ACMA in writing as soon as possible, but no later than 2 working days after becoming aware the disclosure or receipt has occurred.

3.5 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, may have disclosed confidential information in breach of section 3.2 or received confidential information as a result of a breach of section 3.2, 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:
 (a) notifying the applicant under subsection 5.4 (5) about the applicant's entitlement to be allocated a spectrum licence; or
 (b)  the end of the auction period;
      the ACMA is not required to tell the applicant or bidder before that time, but must tell the applicant or bidder as soon as practicable after that time.

3.6 Deed of confidentiality required from related persons
         (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 completed deed of confidentiality form 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) If a person mentioned in paragraph (1) (a) or (b) receives knowledge of the applicant's confidential information before the application deadline, the person must give the ACMA the completed deed of confidentiality form before the application deadline.

      Note   A deed of confidentiality form must be provided by the ACMA as part of the applicant information package on the ACMA's website at http://www.acma.gov.au — see sections 4.4 and 4.5.

               Part 4 Procedures before auction or allocation for a pre-determined price

Overview