Document ID: chunk:federal_register_of_legislation:F2020L01453:schedule:4:p13
Version: federal_register_of_legislation:F2020L01453
Segment Type: schedule
Provision Reference: sch 4 (pt 13/38)
Character Range: 35384–38180

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 reasonably expected to affect or be capable of affecting:
(i)            bids made or proposed to be made by another applicant or bidder; or
(ii)         provisional start demands or proposed provisional start demands by another applicant; or
(iii)       start demands or proposed start demands by another applicant or bidder; or
(iv)        another applicant's or bidder's bidding strategy; and
(l)        information that, if disclosed, could be reasonably expected to affect, or be capable of affecting, the outcome of the auction.

17 Obligation to not disclose confidential information
 (1) An applicant or bidder, or a related person who has knowledge of the applicant's or bidder's confidential information, or a contractor of an applicant or bidder who has knowledge of the applicant's or bidder's confidential information, must not, either directly or indirectly, disclose the applicant's or bidder's confidential information about the auction to any person.
 (2) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, or a contractor of an applicant or bidder, disclosing information about the auction:
(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; or
(c)      to the ACMA; or
(d)      for an applicant or bidder – to a related person of that applicant or bidder; or
(e)      for a related person of an applicant or bidder – to that applicant or bidder, or to another related person of the same applicant or bidder; or
(f)       for a contractor of an applicant or bidder – to that applicant or bidder, or to a related person of the same applicant or bidder; or
(g)      for the purpose of announcing or publishing that the applicant or bidder is participating in the auction;
(h)      as authorised by this instrument or as otherwise required by law.
          Note: In some cases, the person to whom the information is disclosed may become a related person or contractor who is required to give a deed of confidentiality to the ACMA, see section 21.
 (3) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, or a contractor of an applicant or bidder, disclosing information about the auction if:
(a)      the information is already publicly available; and
(b)      the information was not made available because of a breach of this section.

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