Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p7
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 15363–18149

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 the applicant or bidder or a bidding instruction under consideration by the applicant or bidder; and
 (e) the applicant's or bidder's bidding strategy; and
 (f) the amount the applicant or bidder is willing to pay for:
 (i) a lot or group of lots; or
 (ii) a part or parts of the spectrum; and
 (g) information that, if disclosed, could be reasonably expected to affect or be capable of affecting:
 (i) bidding instructions made or proposed to be made by another applicant or bidder; or
 (ii) another applicant's or bidder's bidding strategy; and
 (h) information that, if disclosed, could be reasonably expected to affect or be capable of affecting the outcome of the allocation process.

3.2 Obligation to not disclose confidential information

 (1) An applicant or bidder, or a related person who has knowledge of the applicant's or bidder's confidential information, must not, either directly or indirectly, disclose the applicant's or bidder's confidential information about the allocation process to any person.

 (2) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, disclosing information about the allocation process:
 (a) for the purpose of obtaining advice relating to the allocation process from a person in the person's professional capacity; or
 (b) for the purpose of obtaining finance to purchase spectrum licences in the allocation process; or
 (c) to the ACMA; or
 (d) to another related person of the same applicant or bidder; or
 (e) as authorised by this Determination or as otherwise required by law.

Note   In some cases, the person to whom the information is disclosed may become a related person who is required to give a deed of confidentiality to the ACMA — see section 3.6.

 (3) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, disclosing information about the allocation process if:
 (a) the information is already publicly available; and
 (b) the information was not made available because of a breach of this section.

3.3 Duration of confidentiality obligations

  Section 3.2 applies to an applicant or bidder and a related person of the applicant or bidder until:
 (a)  the applicant is notified under subsection 5.4 (5) about the applicant's entitlement to be 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