Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p15
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 15/38)
Character Range: 40430–43296

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 to whom paragraph (1)(a) or (1)(b) or subsection (2) applies receives knowledge of the applicant's confidential information before the application deadline or new application deadline (if there is one), the person must give the ACMA the deed of confidentiality before the relevant 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 25(1)(h) and 26(1)(h).

Part 4—Procedures before auction
Division 1 Preliminary

22 Auction manager
  The ACMA must, in writing, appoint:
         (a)      a member within the meaning of 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.

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

24 Application fee and withdrawal on variation of starting prices
 (1) Subject to subsection (2), 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.
 (2) An application fee paid under this instrument is refundable if the ACMA varies a starting price under paragraph 37(1)(a) and an applicant withdraws its application before the extended eligibility deadline by giving the ACMA notice in writing.
       (3) If subsection (2) applies to an applicant, the ACMA on behalf of the Commonwealth must refund the application fee no later than 6 months after the applicant withdraws its application.
Division 2 Advertising the auction

25 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