Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p12
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 12/38)
Character Range: 32653–35631

that:
            (i)            is not in any of the groups; and
            (ii)         carries on a business for the provision of professional services, including company secretarial services; and
            (iii)       has, in the ordinary course of carrying on that business, been separately and independently engaged by an entity within each of those groups, under a contract or other legally binding arrangement, to provide the company secretarial services;
         (c)      the individual is not, otherwise than by reason of providing the company secretarial services, an associate of any of the relevant persons;
         (d)      each of the related bodies corporate to which the individual is providing the company secretarial services is incorporated outside Australia.

14 Affiliation between applicants or bidders

  Two applicants or bidders are affiliated if the applicants or bidders are in the same specified group of persons.
          Note: Paragraph (b) of the definition of specified group of persons in subsection 13(3) means that 2 applicants or bidders are affiliated if they have an associate in common.  However, see subsection 13(4).

15 Information relevant to considering whether applicants or bidders are affiliated
 (1) When considering under this instrument whether 2 or more applicants or bidders are affiliated the ACMA must have regard to:
(a)      completed application forms given under paragraph 28(1)(a) or paragraph 34(2)(a) or paragraph 41(1)(a); and
(b)      updated application forms given under subsection 39(4); and
(c)      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

16 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 45 for the purpose of participating in the auction; and
(c)      a provisional start demand of the applicant; and
(d)      a start demand of the bidder for a clock round of the primary stage; and
(e)      a posted demand of the bidder for a clock round of the primary stage; and
(f)       a bid made by the bidder in the auction; and
(g)      a proposed bid by the applicant or bidder or a bid under consideration by the applicant or bidder; and
(h)      a proposed provisional start demand or proposed start demand by the applicant or bidder or a proposed provisional start demand or proposed start demand under consideration by the applicant or bidder; and
(i)        the applicant's or bidder's bidding strategy; and
(j)        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
(k)      information that, if disclosed, could be