Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p35
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 35/38)
Character Range: 92017–94785

and restart the auction from the point before those rounds; or
(e)      cancel the results of all the rounds of the auction in the primary stage or secondary stage or assignment stage and restart the auction from the first round of the relevant stage; or
(f)       stop the auction.
 (2) For this section, exceptional circumstances include:
(a)      a significant technical difficulty with the auction system; or
(b)      a breach of the confidentiality obligation in section 17.
 (3) Subsection (2) does not limit what might constitute exceptional circumstances.
 (4) This section applies to the pre-bidding phase and clock rounds in the primary stage, rounds in the secondary stage and assignment rounds in the assignment stage of the auction.
Division 2 Affiliations during the auction

56 Affiliation between bidders during auction period not permitted
  A bidder must not be affiliated with another bidder during the auction period.
          Note: If the ACMA is satisfied that a breach of this provision has occurred, the ACMA may take action under section 75. Section 75 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.

57 Requirement to report affiliation
  If, at any time during the auction period, a bidder believes that it may be an affiliate of another bidder, the bidder must immediately tell the ACMA in writing the identity of the other bidder and give details of the affiliation.

58 Auction continues despite possible affiliation
  If the ACMA becomes aware during the auction period that two or more bidders may be affiliated, the auction is to continue and the bidders may continue to participate in the auction.

59 ACMA consideration of affiliation
 (1) If the ACMA has reason to believe that two or more bidders are affiliated during the auction period, the ACMA must, in writing, notify the bidders and tell them the basis on which the ACMA believes that the affiliation exists.
 (2) If a bidder gave the ACMA information under section 57 and the ACMA does not consider that the affiliation exists, the ACMA must tell the bidder in writing that the ACMA does not consider the affiliation to exist.
Division 3 Statement by primary winners and secondary winners about affiliations

60 Primary winners and secondary winners to make statement about affiliations
 (1) If subsection 59(1) applies before the end of the secondary stage (if there is one) or primary stage (if there is no secondary stage), then as soon as practicable after the end of the relevant stage and before the start of the assignment stage, the ACMA must:
(a)      give each primary winner and each secondary winner details about the identity of all other primary winners and all other secondary winners;