Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p15
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 15/36)
Character Range: 40410–43331

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 mentioned in paragraph (1)(a) or (1)(b) or subsection (2) receives knowledge of the applicant's confidential information before the application deadline, the person must give the ACMA the deed of confidentiality 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 www.acma.gov.au, see paragraphs 26(1)(h) and 27(1)(h).

Part 4—Procedures before auction
Division 1 Preliminary

23 Auction manager
  The ACMA must, in writing, appoint:
         (a)      a member within the meaning given by the Australian Communications and Media Authority Act 2005; or
         (b)      a member of the ACMA staff; or
         (c)      a person whose services are made available for the purposes of the ACMA under paragraph 55(1)(a) of the Australian Communications and Media Authority Act 2005;
to manage the auction.

24 Setting application fee
  Before the ACMA publishes a notice inviting applications for the auction, it must set the amount of the application fee.

25 Application fee not refundable
  An application fee paid under this instrument is not refundable in any circumstances, including if an applicant or bidder withdraws, or is taken to withdraw, from the auction, or is not permitted to make a bid in the auction.
Division 2 Advertising auction

26 Advertising of auction by the ACMA
 (1) The ACMA must publish on its website a notice that:
(a)      describes the parts of the spectrum to be auctioned; and
(b)      gives a brief description of the way the auction will be conducted; and
(c)      states that the auction will be conducted in accordance with this instrument; and
(d)      invites persons to apply to the ACMA to take part in the auction; and
(e)      states the date and time (the application deadline) before which:
(i)            completed application forms, completed deeds of acknowledgement and completed deeds of confidentiality by applicants must be received by the ACMA; and
(ii)         the application fee must be paid to the ACMA on behalf of the Commonwealth; and
(f)       states the date and time (the eligibility deadline) before which:
            (i)        completed eligibility nomination forms must be received by the ACMA; and
            (ii)      eligibility payments must be made to the ACMA on behalf of the Commonwealth, or deeds of financial security must be given to the ACMA on behalf of the Commonwealth, or a combination of both; and
(g)      states that applications may only be withdrawn before the eligibility deadline; and
(h)      states that the applicant information package for the auction