Document ID: chunk:federal_register_of_legislation:F2018L01065:schedule:3:p12
Version: federal_register_of_legislation:F2018L01065
Segment Type: schedule
Provision Reference: sch 3 (pt 12/36)
Character Range: 32814–35679

if they have an associate in common.  However, see subsection 13(4).

15 Affiliation between applicant or bidder and existing relevant band licensee
 An applicant or bidder is affiliated with an existing relevant band licensee if the applicant or bidder and the existing relevant band licensee are in the same specified group of persons.
           Note 1: Paragraph (b) of the definition of specified group of persons in subsection 13(3) means that an applicant or bidder is affiliated with an existing relevant band licensee if the applicant or bidder and the existing relevant band licensee have an associate in common.  However, see subsection 13(4).
           Note 2: An existing relevant band licensee may also be an applicant or bidder.

16 Information relevant to considering whether applicants, bidders or existing relevant band licensees are affiliated
 (1) When considering under this instrument:
         (a)      whether 2 or more applicants or bidders are affiliated; or
         (b)      whether one or more applicants or bidders are affiliated with one or more existing relevant band licensees;
            the ACMA must have regard to:
(c)      completed application forms given under paragraph 29(1)(a) or paragraph 35(2)(a); and
(d)      statutory declarations and statements made under this instrument.
 (2) The ACMA may have regard to any other information that it considers relevant.

Part 3—Confidentiality

17 Meaning of confidential information
  In this instrument:
confidential information, in relation to an applicant or bidder, means:
(a)      documents the applicant or bidder has given to the ACMA for the purposes of the auction; and
(b)      information provided to the bidder under section 41 for the purpose of participating in the auction; and
(c)      a start demand of the bidder for a clock round of the primary stage; and
(d)      a posted demand of the bidder for a clock round of the primary stage; and
(e)      a bid made by the bidder in the auction; and
(f)       a proposed bid by the applicant or bidder or a bid under consideration by the applicant or bidder; and
(g)      a proposed start demand by the applicant or bidder for the first clock round of the primary stage or a proposed start demand under consideration by the applicant or bidder for the first clock round of the primary stage; and
(h)      the applicant's or bidder's bidding strategy; and
(i)        the amount the applicant or bidder is willing to pay for:
(i)            a lot or combination of lots; or
(ii)         a part or parts of the spectrum; and
(j)        information that, if disclosed, could be reasonably expected to affect or be capable of affecting:
(i)            bids made or proposed to be made by another applicant or bidder; or
(ii)         start demands for the first clock round of the primary stage or proposed start demands