Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p14
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 14/36)
Character Range: 37951–40656

related person of the applicant or bidder, and contractor of the applicant or bidder until:
(a)      the bidder is notified under section 56 that the bidder is not a winning bidder; or
(b)      the applicant, as a withdrawn applicant, is notified under section 57 that the applicant's confidentiality obligation is at an end; or
(c)      the bidder, as a winning bidder, makes a statement under section 58.

20 Reporting breach of confidentiality
  An applicant or bidder, or related person of an applicant or bidder, or contractor of an applicant or bidder, who discloses confidential information in breach of section 18 or who 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.

21 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 18 or received confidential information as a result of a breach of section 18, 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.

22 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 deed of confidentiality.
 (3) Subsection (2) does not apply to a contractor under a contract:
         (a)      for the purpose of obtaining advice relating to the auction from a person in the person's professional capacity; or
         (b)      for the purpose of obtaining finance to make a payment in relation to spectrum licences in the auction.
 (4) If a person