{"id":"F2017L01255","name":"Radiocommunications (Spectrum Licence Allocation – Multi-band Auction) Determination 2017","slug":"radiocommunications-spectrum-licence-allocation-multi-band-auction-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97166,"registerId":"commonwealth-F2017L01255-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"section","heading":"Preliminary","content":"#### Part 1—Preliminary\n\n#### 1 Name\n\n  This is the Radiocommunications (Spectrum Licence Allocation – Multi-band Auction) Determination 2017.\n\n#### 2 Commencement\n\n  This instrument commences at the start of the day after it is registered.\n\n> Note: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au).\n\n#### 3 Authority\n\n  This instrument is made under section 60 and section 294 of the Act.\n\n#### 4 Interpretation\n\n  (1) In this instrument:\n\n> 1800 MHz allocation limits: see section 10.\n\n> 1800 MHz allocation limits direction means the Radiocommunications (Spectrum Licence Limits – Regional 1800 MHz Band) Direction 2015.\n\n> 1800 MHz band: see clause 2 of Schedule 2.\n\n> 1800 MHz lot: see clause 3 of Schedule 2.\n\n> 1800 MHz marketing plan means the Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated lots band) 2017.\n\n> 1800 MHz re-allocation declaration means the Radiocommunications (Spectrum Re-allocation – Regional 1800 MHz Band) Declaration 2015.\n\n> 2 GHz and 3.4 GHz designation notice means the Radiocommunications (Spectrum Designation – 2 GHz and 3.4 GHz Bands) Notice 2017.\n\n> 2 GHz lot: see clause 5 of Schedule 2.\n\n> 2 GHz marketing plan means the Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017.\n\n> 2.3 GHz designation notice means the Radiocommunications (Spectrum Designation) Notice No. 1 of 2000 (14/01/2000).\n\n> Note: The Federal Register of Legislation number for the 2.3 GHz designation notice is F2004B00494.\n\n> 2.3 GHz lot: see clause 7 of Schedule 2.\n\n> 2.3 GHz marketing plan means the Radiocommunications Spectrum Marketing Plan (2.3 GHz unallocated lots band) 2017.\n\n> 3.4 GHz lot: see clause 9 of Schedule 2.\n\n> 3.4 GHz marketing plan means the Radiocommunications Spectrum Marketing Plan (3.4 GHz unallocated lots band) 2017.\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> ACMA staff has the meaning given by section 3 of the Australian Communications and Media Authority Act 2005.\n\n> ACN has the meaning given by section 9 of the Corporations Act 2001.\n\n> Act means the Radiocommunications Act 1992.\n\n> affiliated: see subsections 12(1) and 13(1).\n\n> allocation process means the procedures to be applied in allocating spectrum licences, as determined in this instrument, other than the procedures set out in Schedule 4.\n\n> applicant means a person who has applied for registration as a bidder.\n\n> applicant information package means a package containing the information, forms and other documents set out in subsection 28(1).\n\n> application deadline: see paragraph 27(1)(f).\n\n> application fee means the amount set under section 24.\n\n> application form means the form approved by the ACMA under paragraph 28(1)(l).\n\n> ARBN has the meaning given by section 9 of the Corporations Act 2001.\n\n> associate: see subsection 11(1).\n\n> auction means an auction of lots held in accordance with this instrument.\n\n> auction manager means the person appointed under section 23.\n\n> auction period means the period commencing on the application deadline and ending at the close of the auction under clause 13 of Schedule 1.\n\n> auction system means the system the ACMA makes available to bidders to make bids in the auction.\n\n> balance of the pre-determined price: see subsection 39(2).\n\n> balance of the winning price: see subsection 69(2).\n\n> bid means a bid made on a single lot, and includes a bid taken to be made on a single lot.\n\n> bid increment percentage: see section 34.\n\n> bidder means a person registered by the ACMA as a bidder under section 51.\n\n> carrier has the same meaning as in the Telecommunications Act 1997.\n\n> confidential information: see section 16.\n\n> continue bid, in relation to a lot, means a bid made on the lot in a round of the auction that is equal to or greater than the specified price of the lot for that round.\n\n> deed of acknowledgement means a deed in the form approved under paragraph 28(1)(q) that has been completed and executed by an applicant in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument.\n\n> Note: Strict compliance with the form is required.\n\n> deed of confidentiality means a deed in the form approved under paragraph 28(1)(r) that has been completed and executed in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument.\n\n> Note: Strict compliance with the form is required.\n\n> deed of financial security means a deed in the form approved under paragraph 28(1)(o) that has been completed and executed in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument.\n\n> deposit means a payment made by an applicant under section 29 or in accordance with section 33.\n\n> existing 1800 MHz licensee means the licensee of a spectrum licence that authorises the operation of radiocommunications devices in a part or parts of the spectrum in the 1800 MHz band.\n\n> exit bid, in relation to a lot, means a bid made on the lot in a round of the auction that is:\n\n    (a) less than the specified price of the lot for that round; and\n    (b) either:\n    (i) in any round other than the first round for bids on the lot – equal to or greater than the specified price of the lot for the previous round of the auction; or\n    (ii) in the first round for bids on the lot – equal to or greater than the starting price for the lot.\n\n> final high bid: see subclause 11(5) of Schedule 1.\n\n> Note: Subclause 12(3) of Schedule 1 affects the meaning of final high bid.\n\n> final round for bids on a lot: see subclause 11(1) of Schedule 1.\n\n> final round for bids on the first product lots: see subclause 11(2) of Schedule 1.\n\n> final round for bids on the second product lots: see subclause 11(3) of Schedule 1.\n\n> final round of the auction: see subclause 11(4) of Schedule 1.\n\n> first product lots: see subsection (3).\n\n> lot: see subsection (2).\n\n> lot size: see paragraph 3(2)(d) of Schedule 2.\n\n> Note: Lot size is only relevant to 1800 MHz lots. These lots comprise two parts of the spectrum. For these lots, each part of the spectrum has the same lot size.\n\n> pre-determined price: see subsection 39(1).\n\n> preference nomination form means the form approved by the ACMA under subsection 28(1)(m).\n\n> preferred lots: see subsection 31(1).\n\n> Note 1: An applicant’s preferred lots may be affected by sections 31 to 33.\n\n> Note 2: A bidder may not be able to make a bid on one of its preferred lots in the circumstances set out in clause 4 of Schedule 1.\n\n> pseudorandom means using computer-generated numbers that satisfy a statistical test for randomness, but are not generated by a truly random physical process.\n\n> public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.\n\n> recess day: see subclause 3(1) of Schedule 1.\n\n> register means the register of bidders maintained by the ACMA under section 50.\n\n> related body corporate has the same meaning as in the Corporations Act 2001.\n\n> related person, in relation to an applicant or a bidder that is a body corporate, means any of the following:\n\n    (a) a director or secretary of the applicant or bidder;\n    (b) an employee of the applicant or bidder;\n    (c) an employee of a related body corporate that provides services to the applicant or bidder.\n\n> roaming services agreement means an agreement between carriers for the principal purpose of enabling end-users of public mobile telecommunications services supplied by another carrier, in geographic locations where the first-mentioned carrier’s public mobile telecommunications services are not available.\n\n> second product lot: see subsection (4).\n\n> specified group of persons means:\n\n    (a) in relation to an applicant or bidder – the applicant or bidder and all of the applicant’s or bidder’s associates;\n    (b) in relation to an existing 1800 MHz licensee – the licensee and all of the licensee’s associates.\n\n> Note: The definition of specified group of persons is affected by subsection 12(2) and subsection 13(2).\n\n> specified price: see subclauses 5(2) to (8) of Schedule 1.\n\n> stage 1 means the rounds of the auction:\n\n    (a) commencing with the first round of the auction; and\n    (b) ending with the final round for bids on the first product lots.\n\n> Note: If no bidder has nominated a first product lot as one of its preferred lots, no bids may be made in the first round of the auction, and that round constitutes stage 1.\n\n> stage 2 means the rounds of the auction:\n\n    (a) commencing with the first round after stage 1 has ended; and\n    (b) ending with the final round for bids on the second product lots.\n\n> Note: If no bidder has nominated a second product lot as one of its preferred lots, no bids may be made in the first round after stage 1 has ended, and that round constitutes stage 2.\n\n> stage 3 means the rounds of the auction:\n\n    (a) commencing with the first round after stage 2 has ended; and\n    (b) ending with the final round of the auction.\n\n> Note: If no bidder has nominated a third product lot as one of its preferred lots, no bids may be made in the first round after stage 2 has ended, and that round constitutes stage 3.\n\n> starting price, for a lot, means the amount set by the ACMA for the lot under section 26.\n\n> third product lot: see subsection (5).\n\n> winning bid price: see section 68.\n\n> winning bidder: see subclause 11(6) of Schedule 1.\n\n> Note: Subclause 12(2) of Schedule 1 may affect who is a winning bidder for a lot.\n\n> winning price: see subsection 69(1).\n\n> working day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory, New South Wales or Victoria.\n\n> Note: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACCC;\n    (b) ACMA;\n    (c) spectrum;\n    (d) spectrum licence.\n    In this instrument, register has a different meaning to that given to Register by section 5 of the Act.\n  (2) In this instrument, each of the following is a lot:\n    (a) each 1800 MHz lot;\n    (b) each 2 GHz lot;\n    (c) each 2.3 GHz lot;\n    (d) each 3.4 GHz lot.\n  (3) In this instrument, each of the following lots is a first product lot:\n    (a) Lot 1 (DUBB01);\n    (b) Lot 2 (MACK01);\n    (c) Lot 3 (MARY01);\n    (d) Lot 4 (REGW01);\n    (e) Lot 5 (TASM01);\n    (f) Lot 6 (CBRB01);\n    (g) Lot 7 (DARW01);\n    (h) Lot 8 (HOBA01).\n  (4) In this instrument, each of the following is a second product lot:\n    (a) Lot 9 (ADEL01);\n    (b) Lot 10 (BRIA01);\n    (c) Lot 11 (CBRA01);\n    (d) Lot 12 (DARW02);\n    (e) Lot 13 (HOBA02);\n    (f) Lot 14 (PERT01).\n  (5) In this instrument, each lot, other than a first product lot or a second product lot, is a third product lot.\n\n> Note: The third product lots are the 2.3 GHz lots and the 3.4 GHz lots.\n\n  (6) In this instrument, the range of numbers that identifies a frequency range includes the higher, but not the lower, number.\n  (7) In this instrument, a reference to time is a reference to the legal time in the Australian Capital Territory.\n\n#### 5 References to other legislative instruments, and to other instruments or writing\n\n  (1) In this instrument, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n  (2) In this instrument, unless the contrary intention appears, a reference to an instrument or other writing (other than a legislative instrument) is a reference to that instrument or writing as existing from time to time.\n\n> Note: See section 314A of the Act.\n\n#### 6 Giving documents to ACMA\n\n  (1) A document may be given to the ACMA under this instrument, other than Schedule 4, by:\n    (a) delivering the document to the physical address specified in the applicant information package; or\n    (b) emailing the document to the email address specified in the applicant information package in accordance with subsection (2); or\n    (c) faxing the document to the fax number specified in the applicant information package in accordance with subsections (3) and (4).\n\n> Note 1: Subsection 33(8) has additional requirements for a deed of financial security lodged by email or fax.\n\n> Note 2: Schedule 4 contains its own rules for giving a document to the ACMA.\n\n  (2) If a document is emailed:\n    (a) the document must be included as an attachment; and\n    (b) the document must be:\n    (i) if the document is a statutory declaration, a statement under subsection 41(3) or section 65, or a deed—in PDF format or another format approved by the auction manager; or\n    (ii) if the document is not a document mentioned in subparagraph (i)—in Word, RTF or PDF format or another format approved by the auction manager.\n  (3) If a document is faxed, the document must be accompanied by a cover sheet that states:\n    (a) the sender’s name, postal address, telephone number and fax number; and\n    (b) the number of pages transmitted, including the cover sheet.\n  (4) If the faxed document is a completed application form, a completed preference nomination form, a statutory declaration, a statement under subsection 41(3) or section 65, or a deed, the cover sheet must also state the type of document.\n\n#### 7 Payment of amounts\n\n  (1) An amount paid to the ACMA on behalf of the Commonwealth under this instrument must be paid in Australian currency.\n  (2) An amount must be paid by bank cheque or by electronic transfer.\n  (3) An electronic transfer must be made into the bank account with the following details:\n    (a) Bank—ANZ Bank;\n    (b) Branch—Belconnen;\n    (c) BSB number—012-951;\n    (d) Account number—8379 24272;\n    (e) Account name—ACMA Official Administered Receipts.\n  (4) An amount is taken to have been paid by a deadline specified in this instrument if:\n    (a) the ACMA receives a bank cheque for the full amount on or before the deadline; or\n    (b) both:\n    (i) the ACMA receives evidence that an electronic transfer of the full amount was made on or before the deadline (such as a transfer receipt); and\n    (ii) the amount is received in the ACMA’s bank account specified in subsection (3) no later than 3 working days after the deadline; or\n    (c) the ACMA receives other evidence which satisfies the ACMA that the person making the payment has taken all reasonable steps to pay the amount on or before the deadline.\n  (5) An amount payable under this instrument is not paid in full if bank charges or government duties imposed on a payment reduce the net payment to less than the amount payable.\n\n> Note: The effect of this subsection is that an applicant or bidder must add the value of any bank charge or government duty to the amount of a payment.\n\n  (6) If an amount payable under this instrument is not an amount of whole dollars, the amount is rounded up to the next dollar.\n\n#### 8 Statutory declaration for body corporate\n\n  A statutory declaration required to be made in this instrument by a body corporate must be made by a director or secretary of the body corporate.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Radiocommunications (Spectrum Licence Allocation – Multi-band Auction) Determination 2017.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences at the start of the day after it is registered.\n\n> Note: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 60 and section 294 of the Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  (1) In this instrument:\n\n> 1800 MHz allocation limits: see section 10.\n\n> 1800 MHz allocation limits direction means the Radiocommunications (Spectrum Licence Limits – Regional 1800 MHz Band) Direction 2015.\n\n> 1800 MHz band: see clause 2 of Schedule 2.\n\n> 1800 MHz lot: see clause 3 of Schedule 2.\n\n> 1800 MHz marketing plan means the Radiocommunications Spectrum Marketing Plan (1800 MHz unallocated lots band) 2017.\n\n> 1800 MHz re-allocation declaration means the Radiocommunications (Spectrum Re-allocation – Regional 1800 MHz Band) Declaration 2015.\n\n> 2 GHz and 3.4 GHz designation notice means the Radiocommunications (Spectrum Designation – 2 GHz and 3.4 GHz Bands) Notice 2017.\n\n> 2 GHz lot: see clause 5 of Schedule 2.\n\n> 2 GHz marketing plan means the Radiocommunications Spectrum Marketing Plan (2 GHz unallocated lots band) 2017.\n\n> 2.3 GHz designation notice means the Radiocommunications (Spectrum Designation) Notice No. 1 of 2000 (14/01/2000).\n\n> Note: The Federal Register of Legislation number for the 2.3 GHz designation notice is F2004B00494.\n\n> 2.3 GHz lot: see clause 7 of Schedule 2.\n\n> 2.3 GHz marketing plan means the Radiocommunications Spectrum Marketing Plan (2.3 GHz unallocated lots band) 2017.\n\n> 3.4 GHz lot: see clause 9 of Schedule 2.\n\n> 3.4 GHz marketing plan means the Radiocommunications Spectrum Marketing Plan (3.4 GHz unallocated lots band) 2017.\n\n> ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.\n\n> ACMA staff has the meaning given by section 3 of the Australian Communications and Media Authority Act 2005.\n\n> ACN has the meaning given by section 9 of the Corporations Act 2001.\n\n> Act means the Radiocommunications Act 1992.\n\n> affiliated: see subsections 12(1) and 13(1).\n\n> allocation process means the procedures to be applied in allocating spectrum licences, as determined in this instrument, other than the procedures set out in Schedule 4.\n\n> applicant means a person who has applied for registration as a bidder.\n\n> applicant information package means a package containing the information, forms and other documents set out in subsection 28(1).\n\n> application deadline: see paragraph 27(1)(f).\n\n> application fee means the amount set under section 24.\n\n> application form means the form approved by the ACMA under paragraph 28(1)(l).\n\n> ARBN has the meaning given by section 9 of the Corporations Act 2001.\n\n> associate: see subsection 11(1).\n\n> auction means an auction of lots held in accordance with this instrument.\n\n> auction manager means the person appointed under section 23.\n\n> auction period means the period commencing on the application deadline and ending at the close of the auction under clause 13 of Schedule 1.\n\n> auction system means the system the ACMA makes available to bidders to make bids in the auction.\n\n> balance of the pre-determined price: see subsection 39(2).\n\n> balance of the winning price: see subsection 69(2).\n\n> bid means a bid made on a single lot, and includes a bid taken to be made on a single lot.\n\n> bid increment percentage: see section 34.\n\n> bidder means a person registered by the ACMA as a bidder under section 51.\n\n> carrier has the same meaning as in the Telecommunications Act 1997.\n\n> confidential information: see section 16.\n\n> continue bid, in relation to a lot, means a bid made on the lot in a round of the auction that is equal to or greater than the specified price of the lot for that round.\n\n> deed of acknowledgement means a deed in the form approved under paragraph 28(1)(q) that has been completed and executed by an applicant in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument.\n\n> Note: Strict compliance with the form is required.\n\n> deed of confidentiality means a deed in the form approved under paragraph 28(1)(r) that has been completed and executed in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument.\n\n> Note: Strict compliance with the form is required.\n\n> deed of financial security means a deed in the form approved under paragraph 28(1)(o) that has been completed and executed in accordance with this instrument and with any instructions provided on or with the form, to the extent those instructions are not inconsistent with this instrument.\n\n> deposit means a payment made by an applicant under section 29 or in accordance with section 33.\n\n> existing 1800 MHz licensee means the licensee of a spectrum licence that authorises the operation of radiocommunications devices in a part or parts of the spectrum in the 1800 MHz band.\n\n> exit bid, in relation to a lot, means a bid made on the lot in a round of the auction that is:\n\n    (a) less than the specified price of the lot for that round; and\n    (b) either:\n    (i) in any round other than the first round for bids on the lot – equal to or greater than the specified price of the lot for the previous round of the auction; or\n    (ii) in the first round for bids on the lot – equal to or greater than the starting price for the lot.\n\n> final high bid: see subclause 11(5) of Schedule 1.\n\n> Note: Subclause 12(3) of Schedule 1 affects the meaning of final high bid.\n\n> final round for bids on a lot: see subclause 11(1) of Schedule 1.\n\n> final round for bids on the first product lots: see subclause 11(2) of Schedule 1.\n\n> final round for bids on the second product lots: see subclause 11(3) of Schedule 1.\n\n> final round of the auction: see subclause 11(4) of Schedule 1.\n\n> first product lots: see subsection (3).\n\n> lot: see subsection (2).\n\n> lot size: see paragraph 3(2)(d) of Schedule 2.\n\n> Note: Lot size is only relevant to 1800 MHz lots. These lots comprise two parts of the spectrum. For these lots, each part of the spectrum has the same lot size.\n\n> pre-determined price: see subsection 39(1).\n\n> preference nomination form means the form approved by the ACMA under subsection 28(1)(m).\n\n> preferred lots: see subsection 31(1).\n\n> Note 1: An applicant’s preferred lots may be affected by sections 31 to 33.\n\n> Note 2: A bidder may not be able to make a bid on one of its preferred lots in the circumstances set out in clause 4 of Schedule 1.\n\n> pseudorandom means using computer-generated numbers that satisfy a statistical test for randomness, but are not generated by a truly random physical process.\n\n> public mobile telecommunications service has the same meaning as in the Telecommunications Act 1997.\n\n> recess day: see subclause 3(1) of Schedule 1.\n\n> register means the register of bidders maintained by the ACMA under section 50.\n\n> related body corporate has the same meaning as in the Corporations Act 2001.\n\n> related person, in relation to an applicant or a bidder that is a body corporate, means any of the following:\n\n    (a) a director or secretary of the applicant or bidder;\n    (b) an employee of the applicant or bidder;\n    (c) an employee of a related body corporate that provides services to the applicant or bidder.\n\n> roaming services agreement means an agreement between carriers for the principal purpose of enabling end-users of public mobile telecommunications services supplied by another carrier, in geographic locations where the first-mentioned carrier’s public mobile telecommunications services are not available.\n\n> second product lot: see subsection (4).\n\n> specified group of persons means:\n\n    (a) in relation to an applicant or bidder – the applicant or bidder and all of the applicant’s or bidder’s associates;\n    (b) in relation to an existing 1800 MHz licensee – the licensee and all of the licensee’s associates.\n\n> Note: The definition of specified group of persons is affected by subsection 12(2) and subsection 13(2).\n\n> specified price: see subclauses 5(2) to (8) of Schedule 1.\n\n> stage 1 means the rounds of the auction:\n\n    (a) commencing with the first round of the auction; and\n    (b) ending with the final round for bids on the first product lots.\n\n> Note: If no bidder has nominated a first product lot as one of its preferred lots, no bids may be made in the first round of the auction, and that round constitutes stage 1.\n\n> stage 2 means the rounds of the auction:\n\n    (a) commencing with the first round after stage 1 has ended; and\n    (b) ending with the final round for bids on the second product lots.\n\n> Note: If no bidder has nominated a second product lot as one of its preferred lots, no bids may be made in the first round after stage 1 has ended, and that round constitutes stage 2.\n\n> stage 3 means the rounds of the auction:\n\n    (a) commencing with the first round after stage 2 has ended; and\n    (b) ending with the final round of the auction.\n\n> Note: If no bidder has nominated a third product lot as one of its preferred lots, no bids may be made in the first round after stage 2 has ended, and that round constitutes stage 3.\n\n> starting price, for a lot, means the amount set by the ACMA for the lot under section 26.\n\n> third product lot: see subsection (5).\n\n> winning bid price: see section 68.\n\n> winning bidder: see subclause 11(6) of Schedule 1.\n\n> Note: Subclause 12(2) of Schedule 1 may affect who is a winning bidder for a lot.\n\n> winning price: see subsection 69(1).\n\n> working day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory, New South Wales or Victoria.\n\n> Note: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACCC;\n    (b) ACMA;\n    (c) spectrum;\n    (d) spectrum licence.\n    In this instrument, register has a different meaning to that given to Register by section 5 of the Act.\n  (2) In this instrument, each of the following is a lot:\n    (a) each 1800 MHz lot;\n    (b) each 2 GHz lot;\n    (c) each 2.3 GHz lot;\n    (d) each 3.4 GHz lot.\n  (3) In this instrument, each of the following lots is a first product lot:\n    (a) Lot 1 (DUBB01);\n    (b) Lot 2 (MACK01);\n    (c) Lot 3 (MARY01);\n    (d) Lot 4 (REGW01);\n    (e) Lot 5 (TASM01);\n    (f) Lot 6 (CBRB01);\n    (g) Lot 7 (DARW01);\n    (h) Lot 8 (HOBA01).\n  (4) In this instrument, each of the following is a second product lot:\n    (a) Lot 9 (ADEL01);\n    (b) Lot 10 (BRIA01);\n    (c) Lot 11 (CBRA01);\n    (d) Lot 12 (DARW02);\n    (e) Lot 13 (HOBA02);\n    (f) Lot 14 (PERT01).\n  (5) In this instrument, each lot, other than a first product lot or a second product lot, is a third product lot.\n\n> Note: The third product lots are the 2.3 GHz lots and the 3.4 GHz lots.\n\n  (6) In this instrument, the range of numbers that identifies a frequency range includes the higher, but not the lower, number.\n  (7) In this instrument, a reference to time is a reference to the legal time in the Australian Capital Territory.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"References to other legislative instruments, and to other instruments or writing","content":"#### 5 References to other legislative instruments, and to other instruments or writing\n\n  (1) In this instrument, unless the contrary intention appears, a reference to another legislative instrument is a reference to that other legislative instrument as in force from time to time.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\n  (2) In this instrument, unless the contrary intention appears, a reference to an instrument or other writing (other than a legislative instrument) is a reference to that instrument or writing as existing from time to time.\n\n> Note: See section 314A of the Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Giving documents to ACMA","content":"#### 6 Giving documents to ACMA\n\n  (1) A document may be given to the ACMA under this instrument, other than Schedule 4, by:\n    (a) delivering the document to the physical address specified in the applicant information package; or\n    (b) emailing the document to the email address specified in the applicant information package in accordance with subsection (2); or\n    (c) faxing the document to the fax number specified in the applicant information package in accordance with subsections (3) and (4).\n\n> Note 1: Subsection 33(8) has additional requirements for a deed of financial security lodged by email or fax.\n\n> Note 2: Schedule 4 contains its own rules for giving a document to the ACMA.\n\n  (2) If a document is emailed:\n    (a) the document must be included as an attachment; and\n    (b) the document must be:\n    (i) if the document is a statutory declaration, a statement under subsection 41(3) or section 65, or a deed—in PDF format or another format approved by the auction manager; or\n    (ii) if the document is not a document mentioned in subparagraph (i)—in Word, RTF or PDF format or another format approved by the auction manager.\n  (3) If a document is faxed, the document must be accompanied by a cover sheet that states:\n    (a) the sender’s name, postal address, telephone number and fax number; and\n    (b) the number of pages transmitted, including the cover sheet.\n  (4) If the faxed document is a completed application form, a completed preference nomination form, a statutory declaration, a statement under subsection 41(3) or section 65, or a deed, the cover sheet must also state the type of document.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Payment of amounts","content":"#### 7 Payment of amounts\n\n  (1) An amount paid to the ACMA on behalf of the Commonwealth under this instrument must be paid in Australian currency.\n  (2) An amount must be paid by bank cheque or by electronic transfer.\n  (3) An electronic transfer must be made into the bank account with the following details:\n    (a) Bank—ANZ Bank;\n    (b) Branch—Belconnen;\n    (c) BSB number—012-951;\n    (d) Account number—8379 24272;\n    (e) Account name—ACMA Official Administered Receipts.\n  (4) An amount is taken to have been paid by a deadline specified in this instrument if:\n    (a) the ACMA receives a bank cheque for the full amount on or before the deadline; or\n    (b) both:\n    (i) the ACMA receives evidence that an electronic transfer of the full amount was made on or before the deadline (such as a transfer receipt); and\n    (ii) the amount is received in the ACMA’s bank account specified in subsection (3) no later than 3 working days after the deadline; or\n    (c) the ACMA receives other evidence which satisfies the ACMA that the person making the payment has taken all reasonable steps to pay the amount on or before the deadline.\n  (5) An amount payable under this instrument is not paid in full if bank charges or government duties imposed on a payment reduce the net payment to less than the amount payable.\n\n> Note: The effect of this subsection is that an applicant or bidder must add the value of any bank charge or government duty to the amount of a payment.\n\n  (6) If an amount payable under this instrument is not an amount of whole dollars, the amount is rounded up to the next dollar.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Statutory declaration for body corporate","content":"#### 8 Statutory declaration for body corporate\n\n  A statutory declaration required to be made in this instrument by a body corporate must be made by a director or secretary of the body corporate.","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"section","heading":"Limits on allocation of spectrum","content":"#### Part 2—Limits on allocation of spectrum\n\n#### 9 Simplified outline of this Part\n\nThis Part deals with the definition and application of the 1800 MHz allocation limits that apply to the allocation of spectrum licences under this instrument.\n\nThe Minister has given the ACMA the 1800 MHz allocation limits direction under subsection 60(10) of the Act, which requires the ACMA to determine procedures that impose limits on the aggregate parts of the spectrum that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, may in total be used by members of a specified group of persons in the 1800 MHz band, namely, any person and that person’s associates.\n\nThis Part also sets out when two people are affiliated for the purposes of this instrument. Generally, if two people are affiliated, this may affect their ability to be issued spectrum licences for 1800 MHz lots.\n\nThis Part also sets out when a person is affiliated with the holder of a spectrum licence in the 1800 MHz band. In determining and applying procedures imposing the allocation limits, the ACMA must take into account spectrum licences to be allocated under this instrument and spectrum licences already issued to a person. Generally, if a person is affiliated with the holder of a spectrum licence in the 1800 MHz band, this may affect the person’s ability to apply for or be issued spectrum licences for 1800 MHz lots.\n\nNo allocation limits apply in relation to the 2 GHz lots, the 2.3 GHz lots or the 3.4 GHz lots.\n\n#### 10 Meaning of 1800 MHz allocation limits\n\n  In this instrument, a reference to the 1800 MHz allocation limits is a reference to the limits that, under the 1800 MHz allocation limits direction:\n    (a) must be imposed by the procedures determined in this instrument for the allocation of spectrum licences in the 1800 MHz band; and\n    (b) ensure that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, no person or specified group of persons for the 1800 MHz band may use more than the spectrum specified in Schedule 3 in the 1800 MHz band.\n\n> Note: The Minister has given a direction to the ACMA, under subsection 60(10) of the Act, that limits be imposed on the aggregate of the parts of the spectrum in the 1800 MHz band that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, may be used by a person or specified group of persons for the 1800 MHz band. See the 1800 MHz allocation limits direction.\n\n#### 11 Meaning of associate\n\n  (1) In this instrument, associate, in relation to a person, means:\n    (a) if the person is a body corporate:\n    (i) a director or secretary of the body; or\n    (ii) a related body corporate; or\n    (iii) a director or secretary of a related body corporate; or\n    (iv) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or\n    (b) if the person is an individual:\n    (i) the individual’s spouse; or\n    (ii) the individual’s de facto partner within the meaning given by the Acts Interpretation Act 1901; or\n    (iii) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or\n    (iv) a body corporate of which the individual is a director or secretary; or\n    (v) a body corporate that is related to a body corporate of which the individual is a director or secretary; or\n    (c) in all cases – any other person (other than the Commonwealth when represented by the ACMA) who has a relevant agreement with the person that:\n    (i) is for the use by a party to the agreement of spectrum licensed to either of those parties under a spectrum licence for a part of the spectrum referred to in the 1800 MHz re-allocation declaration; or\n    (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the 1800 MHz re-allocation declaration.\n\n> Note: The spectrum referred to in the 1800 MHz re-allocation declaration is the 1800 MHz band.\n\n  (2) For paragraph (1)(c), a relevant agreement means an agreement, arrangement or understanding:\n    (a) whether formal or informal or partly formal and partly informal; and\n    (b) whether written or oral or partly written and partly oral; and\n    (c) whether or not having legal or equitable force and whether or not based on legal or equitable rights;\n    other than a roaming services agreement or an agreement between carriers provided for by or under the Telecommunications Act 1997 or Part XIC of the Competition and Consumer Act 2010.\n\n#### 12 Affiliation between applicants or bidders\n\n  (1) Two applicants or bidders are affiliated if:\n    (a) the applicants or bidders are associates of each other; or\n    (b) the specified group of persons in relation to one applicant or bidder has at least one member in common with the specified group of persons in relation to the other applicant or bidder.\n\n> Note: Paragraph 12(1)(b) means that 2 applicants or bidders are affiliated if they have an associate in common.\n\n  (2) If 2 applicants or bidders are affiliated, they are taken to be in a single specified group of persons for the purpose of the 1800 MHz allocation limits.\n\n> Note: Section 12 is recursive, so that more than 2 applicants or bidders may be taken to be in a single specified group of persons for the purposes of the 1800 MHz allocation limits. See also the definition of specified group of persons in the 1800 MHz allocation limits direction.\n\n#### 13 Affiliation between applicant or bidder and existing licensee\n\n  (1) An applicant or bidder is affiliated with an existing 1800 MHz licensee if:\n    (a) the applicant or bidder and the existing 1800 MHz licensee are associates of each other; or\n    (b) the specified group of persons in relation to the applicant or bidder has at least one member in common with the specified group of persons in relation to the existing 1800 MHz licensee.\n\n> Note 1: Paragraph 13(1)(b) means that an applicant or bidder is affiliated with an existing 1800 MHz band licensee if the applicant or bidder and the licensee have an associate in common.\n\n> Note 2: An existing 1800 MHz licensee may also be an applicant or bidder.\n\n  (2) If an applicant or bidder is affiliated with an existing 1800 MHz licensee, the applicant or bidder and the licensee are taken to be in a single specified group of persons for the purpose of the 1800 MHz allocation limits.\n\n> Note: Section 13 is recursive, so that one or more existing 1800 MHz licensees, and one or more of the applicants or bidders, may be taken to be in a single specified group of persons for the purposes of the 1800 MHz limits. See also the definition of specified group of persons in the 1800 MHz allocation limits direction.\n\n#### 14 Information relevant to considering whether applicants, bidders or existing 1800 MHz licensees are affiliated\n\n  (1) When considering under this instrument:\n    (a) whether 2 or more applicants or bidders are affiliated; or\n    (b) whether one or more applicants or bidders are affiliated with one or more existing 1800 MHz licensees;\n  the ACMA must have regard to:\n    (c) application forms given under paragraph 29(1)(a); and\n    (d) statutory declarations and statements made under this instrument.\n\n> Note: The ACMA will only consider whether two people are affiliated in relation to the auction process if at least one of them has nominated a 1800 MHz lot as one of its preferred lots.\n\n  (2) The ACMA may have regard to any other information that it considers relevant.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 9 Simplified outline of this Part\n\nThis Part deals with the definition and application of the 1800 MHz allocation limits that apply to the allocation of spectrum licences under this instrument.\n\nThe Minister has given the ACMA the 1800 MHz allocation limits direction under subsection 60(10) of the Act, which requires the ACMA to determine procedures that impose limits on the aggregate parts of the spectrum that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, may in total be used by members of a specified group of persons in the 1800 MHz band, namely, any person and that person’s associates.\n\nThis Part also sets out when two people are affiliated for the purposes of this instrument. Generally, if two people are affiliated, this may affect their ability to be issued spectrum licences for 1800 MHz lots.\n\nThis Part also sets out when a person is affiliated with the holder of a spectrum licence in the 1800 MHz band. In determining and applying procedures imposing the allocation limits, the ACMA must take into account spectrum licences to be allocated under this instrument and spectrum licences already issued to a person. Generally, if a person is affiliated with the holder of a spectrum licence in the 1800 MHz band, this may affect the person’s ability to apply for or be issued spectrum licences for 1800 MHz lots.\n\nNo allocation limits apply in relation to the 2 GHz lots, the 2.3 GHz lots or the 3.4 GHz lots.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of 1800 MHz allocation limits","content":"#### 10 Meaning of 1800 MHz allocation limits\n\n  In this instrument, a reference to the 1800 MHz allocation limits is a reference to the limits that, under the 1800 MHz allocation limits direction:\n    (a) must be imposed by the procedures determined in this instrument for the allocation of spectrum licences in the 1800 MHz band; and\n    (b) ensure that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, no person or specified group of persons for the 1800 MHz band may use more than the spectrum specified in Schedule 3 in the 1800 MHz band.\n\n> Note: The Minister has given a direction to the ACMA, under subsection 60(10) of the Act, that limits be imposed on the aggregate of the parts of the spectrum in the 1800 MHz band that, as a result of the allocation of spectrum licences under Subdivision B of Division 1 of Part 3.2 of the Act, may be used by a person or specified group of persons for the 1800 MHz band. See the 1800 MHz allocation limits direction.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of associate","content":"#### 11 Meaning of associate\n\n  (1) In this instrument, associate, in relation to a person, means:\n    (a) if the person is a body corporate:\n    (i) a director or secretary of the body; or\n    (ii) a related body corporate; or\n    (iii) a director or secretary of a related body corporate; or\n    (iv) an individual who controls at least 15% of the voting power or holds at least 15% of the issued shares in the body; or\n    (b) if the person is an individual:\n    (i) the individual’s spouse; or\n    (ii) the individual’s de facto partner within the meaning given by the Acts Interpretation Act 1901; or\n    (iii) a body corporate in which the individual controls at least 15% of the voting power or holds at least 15% of the issued shares; or\n    (iv) a body corporate of which the individual is a director or secretary; or\n    (v) a body corporate that is related to a body corporate of which the individual is a director or secretary; or\n    (c) in all cases – any other person (other than the Commonwealth when represented by the ACMA) who has a relevant agreement with the person that:\n    (i) is for the use by a party to the agreement of spectrum licensed to either of those parties under a spectrum licence for a part of the spectrum referred to in the 1800 MHz re-allocation declaration; or\n    (ii) relates to the acquisition of a spectrum licence for a part of the spectrum referred to in the 1800 MHz re-allocation declaration.\n\n> Note: The spectrum referred to in the 1800 MHz re-allocation declaration is the 1800 MHz band.\n\n  (2) For paragraph (1)(c), a relevant agreement means an agreement, arrangement or understanding:\n    (a) whether formal or informal or partly formal and partly informal; and\n    (b) whether written or oral or partly written and partly oral; and\n    (c) whether or not having legal or equitable force and whether or not based on legal or equitable rights;\n    other than a roaming services agreement or an agreement between carriers provided for by or under the Telecommunications Act 1997 or Part XIC of the Competition and Consumer Act 2010.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Affiliation between applicants or bidders","content":"#### 12 Affiliation between applicants or bidders\n\n  (1) Two applicants or bidders are affiliated if:\n    (a) the applicants or bidders are associates of each other; or\n    (b) the specified group of persons in relation to one applicant or bidder has at least one member in common with the specified group of persons in relation to the other applicant or bidder.\n\n> Note: Paragraph 12(1)(b) means that 2 applicants or bidders are affiliated if they have an associate in common.\n\n  (2) If 2 applicants or bidders are affiliated, they are taken to be in a single specified group of persons for the purpose of the 1800 MHz allocation limits.\n\n> Note: Section 12 is recursive, so that more than 2 applicants or bidders may be taken to be in a single specified group of persons for the purposes of the 1800 MHz allocation limits. See also the definition of specified group of persons in the 1800 MHz allocation limits direction.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Affiliation between applicant or bidder and existing licensee","content":"#### 13 Affiliation between applicant or bidder and existing licensee\n\n  (1) An applicant or bidder is affiliated with an existing 1800 MHz licensee if:\n    (a) the applicant or bidder and the existing 1800 MHz licensee are associates of each other; or\n    (b) the specified group of persons in relation to the applicant or bidder has at least one member in common with the specified group of persons in relation to the existing 1800 MHz licensee.\n\n> Note 1: Paragraph 13(1)(b) means that an applicant or bidder is affiliated with an existing 1800 MHz band licensee if the applicant or bidder and the licensee have an associate in common.\n\n> Note 2: An existing 1800 MHz licensee may also be an applicant or bidder.\n\n  (2) If an applicant or bidder is affiliated with an existing 1800 MHz licensee, the applicant or bidder and the licensee are taken to be in a single specified group of persons for the purpose of the 1800 MHz allocation limits.\n\n> Note: Section 13 is recursive, so that one or more existing 1800 MHz licensees, and one or more of the applicants or bidders, may be taken to be in a single specified group of persons for the purposes of the 1800 MHz limits. See also the definition of specified group of persons in the 1800 MHz allocation limits direction.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Information relevant to considering whether applicants, bidders or existing 1800 MHz licensees are affiliated","content":"#### 14 Information relevant to considering whether applicants, bidders or existing 1800 MHz licensees are affiliated\n\n  (1) When considering under this instrument:\n    (a) whether 2 or more applicants or bidders are affiliated; or\n    (b) whether one or more applicants or bidders are affiliated with one or more existing 1800 MHz licensees;\n  the ACMA must have regard to:\n    (c) application forms given under paragraph 29(1)(a); and\n    (d) statutory declarations and statements made under this instrument.\n\n> Note: The ACMA will only consider whether two people are affiliated in relation to the auction process if at least one of them has nominated a 1800 MHz lot as one of its preferred lots.\n\n  (2) The ACMA may have regard to any other information that it considers relevant.","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"section","heading":"Confidentiality","content":"#### Part 3—Confidentiality\n\n#### 15 Simplified outline of this Part\n\nThis Part imposes a confidentiality obligation on participants in the allocation process.\n\nA person who makes an application to be registered as a bidder in an auction must keep particular information confidential, including information about the person’s bidding strategy and about the amount the person is willing to pay for a spectrum licence, subject to some permitted disclosures (such as to the ACMA).\n\nOthers who know this information may also be subject to an obligation to keep the information confidential (including some employees of the person).\n\nThere is also an obligation on the person making the application to report any disclosures of confidential information.\n\n#### 16 Meaning of confidential information\n\n  In this instrument, confidential information, in relation to an applicant or bidder, means:\n    (a) documents the applicant or bidder has given to the ACMA for the purpose of the allocation process; and\n    (b) information provided to the bidder under subsection 51(2) for the purpose of participating in the auction; and\n    (c) a bid made by the bidder in the auction; and\n    (d) a bid proposed to be made by the applicant or bidder or a bid under consideration by the applicant or bidder; and\n    (e) the applicant’s or bidder’s bidding strategy; and\n    (f) the amount the applicant or bidder is willing to pay for:\n    (i) a lot; or\n    (ii) a combination of lots; and\n    (g) information that, if disclosed, could be reasonably expected to affect or be capable of affecting:\n    (i) bids made or proposed to be made by another applicant or bidder; or\n    (ii) another applicant or bidder’s bidding strategy; and\n    (h) information that, if disclosed, could be reasonably expected to affect or be capable of affecting the outcome of the allocation process.\n\n#### 17 Obligation not to disclose confidential information\n\n  (1) An applicant or bidder, or a related person 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 allocation process to any person.\n  (2) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, disclosing information about the allocation process:\n    (a) for the purpose of obtaining advice relating to the allocation process from a person in the person’s professional capacity; or\n    (b) for the purpose of obtaining finance to make a payment in relation to the allocation process; or\n    (c) to the ACMA; or\n    (d) for an applicant or bidder – to a related person of that applicant or bidder; or\n    (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\n    (f) as authorised by this instrument or as otherwise required by law.\n\n> Note: In some cases, the person to whom the information is disclosed may become a related person who is required to give a deed of confidentiality to the ACMA – see section 21.\n\n  (3) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, disclosing information about the allocation process if:\n    (a) the information is already publicly available; and\n    (b) the information was not made available because of a breach of this section.\n\n#### 18 Duration of confidentiality obligations\n\n  Section 17 applies to an applicant or bidder and a related person of the applicant or bidder until:\n    (a) for confidential information that relates to a spectrum licence allocated or to be allocated in accordance with Part 5 of this instrument – the applicant is notified under subsection 44(1) that the ACMA has received the applicant’s acceptance of an offer of a spectrum licence; or\n    (b) the bidder is notified under subsection 64(1) that the bidder is not a winning bidder; or\n    (c) the applicant, as a withdrawn applicant, is notified under subsection 64(3) that the applicant’s confidentiality obligations are at an end; or\n    (d) the bidder, as a winning bidder, makes a statement under section 65.\n\n#### 19 Reporting breach of confidentiality\n\n    An applicant or bidder, or related person of an applicant or bidder, who discloses confidential information in breach of section 17 or who receives the confidential information of another applicant or bidder must report the disclosure or receipt to the ACMA in writing as soon as possible, but no later than 2 working days after becoming aware the disclosure or receipt has occurred.\n\n#### 20 Notice of breach of confidentiality\n\n  (1) If the ACMA has reason to believe that an applicant or bidder, or a related person of the applicant or bidder, may have disclosed confidential information in breach of section 17 or received confidential information as a result of a breach of section 17, the ACMA must:\n    (a) tell the applicant or bidder, giving details of the matter; and\n    (b) ask the applicant or bidder to make submissions about the matter; and\n    (c) state a deadline for the receipt of submissions that is no more than 5 working days after the date of the request.\n  (2) If the ACMA forms the belief before:\n    (a) for confidential information that relates to a spectrum licence allocated or to be allocated in accordance with Part 5 of this instrument – notifying the applicant under subsection 44(1) that the ACMA has received the applicant’s acceptance of an offer of a spectrum licence; or\n    (b) in any other case – the end of the auction period;\n    the ACMA is not required to tell the applicant or bidder before that time, but must tell the applicant or bidder as soon as practicable after that time.\n\n#### 21 Deed of confidentiality required from related persons\n\n  (1) A related person 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 if the person is:\n    (a) an employee of the applicant or bidder; or\n    (b) an employee of a related body corporate of the applicant or bidder that provides services to the applicant or bidder.\n  (2) If a person mentioned in paragraph (1)(a) or (b) receives knowledge of the applicant’s confidential information before the application deadline, the person must give the ACMA the deed of confidentiality before the application deadline.\n\n> 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](http://www.acma.gov.au) – see section 27 and paragraph 28(1)(r).","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 15 Simplified outline of this Part\n\nThis Part imposes a confidentiality obligation on participants in the allocation process.\n\nA person who makes an application to be registered as a bidder in an auction must keep particular information confidential, including information about the person’s bidding strategy and about the amount the person is willing to pay for a spectrum licence, subject to some permitted disclosures (such as to the ACMA).\n\nOthers who know this information may also be subject to an obligation to keep the information confidential (including some employees of the person).\n\nThere is also an obligation on the person making the application to report any disclosures of confidential information.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Meaning of confidential information","content":"#### 16 Meaning of confidential information\n\n  In this instrument, confidential information, in relation to an applicant or bidder, means:\n    (a) documents the applicant or bidder has given to the ACMA for the purpose of the allocation process; and\n    (b) information provided to the bidder under subsection 51(2) for the purpose of participating in the auction; and\n    (c) a bid made by the bidder in the auction; and\n    (d) a bid proposed to be made by the applicant or bidder or a bid under consideration by the applicant or bidder; and\n    (e) the applicant’s or bidder’s bidding strategy; and\n    (f) the amount the applicant or bidder is willing to pay for:\n    (i) a lot; or\n    (ii) a combination of lots; and\n    (g) information that, if disclosed, could be reasonably expected to affect or be capable of affecting:\n    (i) bids made or proposed to be made by another applicant or bidder; or\n    (ii) another applicant or bidder’s bidding strategy; and\n    (h) information that, if disclosed, could be reasonably expected to affect or be capable of affecting the outcome of the allocation process.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Obligation not to disclose confidential information","content":"#### 17 Obligation not to disclose confidential information\n\n  (1) An applicant or bidder, or a related person 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 allocation process to any person.\n  (2) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, disclosing information about the allocation process:\n    (a) for the purpose of obtaining advice relating to the allocation process from a person in the person’s professional capacity; or\n    (b) for the purpose of obtaining finance to make a payment in relation to the allocation process; or\n    (c) to the ACMA; or\n    (d) for an applicant or bidder – to a related person of that applicant or bidder; or\n    (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\n    (f) as authorised by this instrument or as otherwise required by law.\n\n> Note: In some cases, the person to whom the information is disclosed may become a related person who is required to give a deed of confidentiality to the ACMA – see section 21.\n\n  (3) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, disclosing information about the allocation process if:\n    (a) the information is already publicly available; and\n    (b) the information was not made available because of a breach of this section.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Duration of confidentiality obligations","content":"#### 18 Duration of confidentiality obligations\n\n  Section 17 applies to an applicant or bidder and a related person of the applicant or bidder until:\n    (a) for confidential information that relates to a spectrum licence allocated or to be allocated in accordance with Part 5 of this instrument – the applicant is notified under subsection 44(1) that the ACMA has received the applicant’s acceptance of an offer of a spectrum licence; or\n    (b) the bidder is notified under subsection 64(1) that the bidder is not a winning bidder; or\n    (c) the applicant, as a withdrawn applicant, is notified under subsection 64(3) that the applicant’s confidentiality obligations are at an end; or\n    (d) the bidder, as a winning bidder, makes a statement under section 65.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Reporting breach of confidentiality","content":"#### 19 Reporting breach of confidentiality\n\n    An applicant or bidder, or related person of an applicant or bidder, who discloses confidential information in breach of section 17 or who receives the confidential information of another applicant or bidder must report the disclosure or receipt to the ACMA in writing as soon as possible, but no later than 2 working days after becoming aware the disclosure or receipt has occurred.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Notice of breach of confidentiality","content":"#### 20 Notice of breach of confidentiality\n\n  (1) If the ACMA has reason to believe that an applicant or bidder, or a related person of the applicant or bidder, may have disclosed confidential information in breach of section 17 or received confidential information as a result of a breach of section 17, the ACMA must:\n    (a) tell the applicant or bidder, giving details of the matter; and\n    (b) ask the applicant or bidder to make submissions about the matter; and\n    (c) state a deadline for the receipt of submissions that is no more than 5 working days after the date of the request.\n  (2) If the ACMA forms the belief before:\n    (a) for confidential information that relates to a spectrum licence allocated or to be allocated in accordance with Part 5 of this instrument – notifying the applicant under subsection 44(1) that the ACMA has received the applicant’s acceptance of an offer of a spectrum licence; or\n    (b) in any other case – the end of the auction period;\n    the ACMA is not required to tell the applicant or bidder before that time, but must tell the applicant or bidder as soon as practicable after that time.","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Deed of confidentiality required from related persons","content":"#### 21 Deed of confidentiality required from related persons\n\n  (1) A related person 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 if the person is:\n    (a) an employee of the applicant or bidder; or\n    (b) an employee of a related body corporate of the applicant or bidder that provides services to the applicant or bidder.\n  (2) If a person mentioned in paragraph (1)(a) or (b) receives knowledge of the applicant’s confidential information before the application deadline, the person must give the ACMA the deed of confidentiality before the application deadline.\n\n> 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](http://www.acma.gov.au) – see section 27 and paragraph 28(1)(r).","sortOrder":23},{"sectionNumber":"Part 4","sectionType":"section","heading":"Procedures before auction or allocation for a pre-determined price","content":"#### Part 4—Procedures before auction or allocation for a pre-determined price\n\n#### Division 1—Simplified outline\n\n#### 22 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken before conducting the auction or allocating spectrum licences for a pre-determined price.\n\nThe ACMA must make decisions in relation to the allocation process, including setting deadlines by which persons wishing to participate in the allocation process must give the ACMA completed forms and information. The ACMA must also advertise the auction and prepare an applicant information package.\n\nPersons wishing to participate in the allocation process must complete forms, deeds and declarations, and give them to the ACMA by the relevant deadlines. Some of the forms and declarations will contain information about the associates of the person. The ACMA will use this information to work out whether any applicants are affiliated with each other, or with the holder of a spectrum licence, for the purpose of the 1800 MHz allocation limits. If there are such affiliations, this may have consequences for the applicant’s ability to participate in the allocation process in relation to the 1800 MHz lots.\n\nThis Part also requires those applicants who are able to participate in the allocation process to pay a deposit, or provide a deed of financial security, in relation to the lots on which those applicants wish to bid.\n\n#### Division 2—Preliminary\n\n#### 23 Auction manager\n\n  The ACMA must, in writing, appoint:\n    (a) a member, within the meaning of the Australian Communications and Media Authority Act 2005; or\n    (b) a member of the ACMA staff; or\n    (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;\n  to manage the auction.\n\n#### 24 Setting application fee\n\n  Before the ACMA publishes a notice inviting applications for the auction, it must, in writing, set the amount of the application fee.\n\n#### 25 Application fee not refundable\n\n  An application fee paid under this instrument is not refundable in any circumstances, including if an applicant withdraws or is taken to withdraw from the auction, or is not permitted to make a bid on a lot in the auction.\n\n#### 26 Starting prices\n\n  The ACMA must set a starting price for each lot.\n\n#### Division 3—Advertising the auction\n\n#### 27 Advertising of auction by ACMA\n\n  (1) The ACMA must publish on its website a notice that:\n    (a) describes the parts of the spectrum to be auctioned; and\n    (b) gives a brief description of the way the auction will be conducted; and\n    (c) states that the auction will be conducted in accordance with this instrument; and\n    (d) states that the ACMA may conclude that it can allocate a spectrum licence or licences for lots at a pre-determined price without having to conduct an auction; and\n    (e) invites persons to apply to the ACMA to take part in the auction; and\n    (f) states the date and time (the application deadline) before which:\n    (i) completed application forms must be received by the ACMA; and\n    (ii) the application fee must be paid to the ACMA on behalf of the Commonwealth; and\n    (iii) completed preference nomination forms must be received by the ACMA; and\n    (iv) deposits must be paid to the ACMA on behalf of the Commonwealth or deeds of financial security must be given to the ACMA on behalf of the Commonwealth; and\n    (g) states that applications may not be withdrawn after the application deadline; and\n    (h) states that the applicant information package can be obtained from the ACMA’s website at the electronic address given in the notice.\n  (2) If a matter mentioned in the notice changes, the ACMA must publish another notice giving details of the change on its website.\n  (3) The ACMA may publish the information required by subsections (1) and (2) by additional methods, and may publish other information about the auction by any method.\n\n#### 28 Applicant information package\n\n  (1) The applicant information package must contain the following documents and information:\n    (a) the 1800 MHz re-allocation declaration;\n    (b) the 2 GHz and 3.4 GHz designation notice;\n    (c) the 2.3 GHz designation notice;\n    (d) the 1800 MHz marketing plan;\n    (e) the 2 GHz marketing plan;\n    (f) the 2.3 GHz marketing plan;\n    (g) the 3.4 GHz marketing plan;\n    (h) this instrument;\n    (i) the 1800 MHz allocation limits direction;\n    (j) a guide to the auction;\n    (k) a statement that the ACMA may offer to allocate spectrum licences for lots for a pre-determined price, including under Schedule 4;\n    (l) an application form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (m) a preference nomination form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (n) the starting price for each lot;\n    (o) a deed of financial security form approved by the ACMA;\n    (p) information about providing a deed of financial security as an alternative to a deposit;\n    (q) a deed of acknowledgment form approved by the ACMA, that includes a statement to the effect that an applicant understands and agrees to be bound by the provisions of this instrument;\n    (r) a deed of confidentiality form approved by the ACMA, that includes a statement that an applicant (or related person of an applicant) agrees not to disclose confidential information before section 17 ceases to apply to the relevant applicant or the related person;\n    (s) statutory declaration forms for the purposes of this instrument;\n    (t) the amount of the application fee for the auction;\n    (u) the application deadline;\n    (v) the physical address for giving documents to the ACMA;\n    (w) the email address for giving documents to the ACMA;\n    (x) the fax number for giving documents to the ACMA.\n\n> Note: An application form approved for paragraph (l) may require an applicant that has nominated a 1800 MHz lot as one of its preferred lots to provide details about the associates of the applicant.\n\n  (2) The applicant information package may also contain other information about the allocation process.\n  (3) The applicant information package must be published on the ACMA’s website.\n  (4) If the ACMA makes any change to the contents of the applicant information package after it is published, the ACMA must publish a notice giving details of the change on its website.\n\n#### Division 4—Application to participate in auction\n\n#### 29 Making an application\n\n  (1) A person may apply to become registered as a bidder in the auction by:\n    (a) giving the ACMA a completed application form; and\n    (b) giving the ACMA a deed of acknowledgement; and\n    (c) giving the ACMA a deed of confidentiality executed by the applicant; and\n    (d) giving the ACMA a completed preference nomination form; and\n    (e) paying the application fee; and\n    (f) doing one of the following:\n    (i) paying a deposit of an amount to the ACMA on behalf of the Commonwealth; or\n    (ii) giving the ACMA on behalf of the Commonwealth a deed of financial security, for an amount; or\n    (iii) paying a deposit of part of an amount and giving a deed of financial security for the remainder; and\n    (g) if:\n    (i) the applicant has nominated one or more 1800 MHz lots in its preference nomination form; and\n    (ii) the applicant is not an existing 1800 MHz licensee;\n    giving the ACMA a statutory declaration stating whether the applicant is affiliated with an existing 1800 MHz licensee;\n    before the application deadline.\n\n> Note 1: For information on how the application fee must be paid, see section 7.\n\n> Note 2: For information on how a deposit is paid, see section 7. For information on how a deed of financial security is given, see section 6 and subsection 33(8).\n\n  (2) An applicant may give the ACMA an updated document for paragraphs (1)(a) to (d), or subparagraphs (1)(f)(ii) or (iii), at any time until the application deadline, but not after the deadline.\n  (3) An applicant may give the ACMA an updated document for paragraph (1)(g) at any time.\n  (4) For paragraph (1)(f), amount, in relation to a person, has the meaning given by subsection 33(1).\n\n#### 30 Applicants to notify ACMA if application information incorrect\n\n  If an applicant knows that any of the information in the application is incorrect, or has become incorrect, the applicant must immediately give the ACMA the correct information.\n\n#### 31 Preferred lots\n\n  (1) Subject to this section and sections 32 and 33, an applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the completed preference nomination form.\n  (2) Subject to this section and sections 32 and 33, an applicant may nominate one or more lots as its preferred lots.\n  (3) An existing 1800 MHz licensee must not nominate a lot, or a combination of lots, if the aggregate of:\n    (a) the lot size of that lot, or of that combination of lots; and\n    (b) the part of the spectrum that the licensee, or the specified group of persons for the 1800 MHz band that includes the licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits.\n  (4) If an applicant:\n    (a) must not nominate a lot, or a combination of lots, under subsection (3); and\n    (b) purports to nominate that lot, or that combination of lots;\n    the applicant is taken not to have nominated the lot, or the combination of lots, and the ACMA must tell an applicant in writing that it is taken not to have nominated the lot or lots.\n\n#### 32 Procedure if applicant affiliated with existing 1800 MHz licensee\n\n  (1) If:\n    (a) in a statutory declaration given under section 29 an applicant (the affiliated applicant) has stated that it is affiliated with an existing 1800 MHz licensee; and\n    (b) the affiliated applicant has nominated, in a preference nomination form, one or more 1800 MHz lots (the nominated lots) as its preferred lots; and\n    (c) the aggregate of:\n    (i) the lot size of one or more of the nominated lots; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n    the ACMA must, in writing, notify the affiliated applicant that:\n    (d) the applicant is affiliated with the existing 1800 MHz licensee; and\n    (e) if the affiliated applicant were to be the winning bidder for one or more 1800 MHz lots, the 1800 MHz allocation limits would be exceeded; and\n    (f) to participate in stage 1 of the auction, in relation to the 1800 MHz lots, the affiliated applicant must give the ACMA a new preference nomination form.\n\n> Note: This section applies whether or not the existing 1800 MHz licensee is an applicant.\n\n  (2) Within 5 working days of the ACMA notifying the affiliated applicant under subsection (1), the applicant must give the ACMA a new preference nomination form (revised preference nomination form).\n  (3) If an affiliated applicant does not comply with subsection (2), the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (4) If:\n    (a) the affiliated applicant complies with subsection (2); and\n    (b) the aggregate of:\n    (i) the lot size of one or more of the lots nominated by the affiliated applicant in the revised preference nomination form; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n  the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (5) The ACMA must tell an applicant in writing if, under subsection (3) or (4), it is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (6) Subject to subsections (3) and (4), if an affiliated applicant complies with subsection (2), the applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the revised preference nomination form.\n\n> Note 1: An applicant’s ability to nominate preferred lots in the auction may be restricted as a result of the application of the 1800 MHz allocation limits to the lots to be auctioned under this instrument and the spectrum licences held by existing 1800 MHz licensees.\n\n> Note 2: An applicant’s preferred lots may also be affected by section 33.\n\n#### 33 Amount of deposit or deed of financial security required\n\n  (1) For the purposes of paragraph 29(1)(f), the amount required, in relation to an applicant, is 10 percent of the sum of the starting prices of each of the applicant’s preferred lots nominated in the preference nomination form.\n\n> Note: If an applicant gives the ACMA a revised preference nomination form under section 32, the amount required does not increase or decrease proportionally to any change in the sum of the starting prices of the applicant’s preferred lots.\n\n  (2) If an applicant pays a deposit or gives a deed of financial security (or both) for an amount less than the amount under subsection (1), the ACMA must, in writing, notify the applicant that:\n    (a) the applicant has paid a deposit or given a deed of financial security (or both), whichever the case may be, for less than the amount under subsection (1); and\n    (b) the applicant must, before the application deadline or no later than 3 working days after the date of the notice (whichever is the later), pay a deposit or give a deed of financial security (or both) for the remainder of the amount under subsection (1).\n  (3) If the applicant does not comply with the notice given under subsection (2), the applicant’s preferred lots are to be worked out by the ACMA removing from the applicant’s preference nomination form the lot or lots with the lowest starting price until the remaining preferred lots result in an amount under subsection (1) that is equal to, or less than, the deposit paid or the deed of financial security given (or both).\n\n> Note 1: The removal of lots is not specific or confined to a single band. If an applicant has nominated lots in multiple bands, the lot with the lowest starting price will be the first removed under this subsection, regardless of the band the lot is in.\n\n> Note 2: See subsection (13) for dealing with lots with the same starting price.\n\n  (4) If, after the ACMA removes lots from an applicant’s preference nomination form in accordance with subsection (3), no lots remain, the applicant is taken to have withdrawn its application.\n  (5) The ACMA must tell an applicant in writing if:\n    (a) the applicant has had its preferred lots worked out in accordance with subsection (3); or\n    (b) the applicant is taken to have withdrawn its application under subsection (4).\n  (6) A deed of financial security must be executed by an Australian-owned authorised deposit-taking institution (as defined in the Banking Act 1959) which is a bank.\n  (7) If a deed of financial security is executed by a person acting under a power of attorney for a body corporate, the applicant must give the ACMA a copy of the power of attorney with the deed.\n  (8) If a deed of financial security is given to the ACMA by email or fax before the application deadline, the original deed must be received by the ACMA no later than 3 working days after the application deadline (or, if the ACMA agrees to a later time, the agreed time) for the deed to be taken to have been given to the ACMA.\n  (9) An applicant is taken to have withdrawn its application if the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (6).\n  (10) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (9).\n  (11) If:\n    (a) the ACMA removes a lot from an applicant’s preference nomination form in accordance with subsection (3); and\n    (b) the applicant has given the ACMA a revised preference nomination form under section 32; and\n    (c) the lot is included in the revised preference nomination form; and\n    (d) the lots nominated in the revised preference nomination form are the applicant’s preferred lots;\n  the lot is taken to be removed from the applicant’s revised preference nomination form.\n  (12) The ACMA must tell an applicant in writing if a lot is taken to be removed from a revised preference nomination form under subsection (11).\n  (13) For the purposes of subsection (3), if:\n    (a) two or more lots in a preference nomination form have the same starting price;\n    (b) no other lot remaining in the preference nomination form has a lower starting price;\n  the ACMA may select any of those lots to be the lot with the lowest starting price.\n\n#### Division 5—Other matters\n\n#### 34 Bid increment percentage\n\n  After the application deadline, the ACMA must set a bid increment percentage for each lot as a percentage of the starting price for the lot in the first round, and of the specified price for the lot in any other round.\n\n> Note: The auction manager may vary the percentage set under section 34 – see clause 6 of Schedule 1.\n\n#### 35 Withdrawal of application\n\n  (1) An applicant may withdraw its application before the application deadline, by giving the ACMA notice in writing.\n  (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another section of this instrument, has paid a deposit under section 29 or in accordance with section 33, the ACMA must refund the deposit in accordance with subsection 64(4).\n  (3) Subsection (2) is subject to sections 81 and 84.\n  (4) An applicant may not withdraw its application after the application deadline.\n  (5) An applicant must not be re-admitted to the allocation process after withdrawing its application.","sortOrder":24},{"sectionNumber":"Division 1","sectionType":"section","heading":"Simplified outline","content":"#### Part 4—Procedures before auction or allocation for a pre-determined price\n\n#### Division 1—Simplified outline\n\n#### 22 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken before conducting the auction or allocating spectrum licences for a pre-determined price.\n\nThe ACMA must make decisions in relation to the allocation process, including setting deadlines by which persons wishing to participate in the allocation process must give the ACMA completed forms and information. The ACMA must also advertise the auction and prepare an applicant information package.\n\nPersons wishing to participate in the allocation process must complete forms, deeds and declarations, and give them to the ACMA by the relevant deadlines. Some of the forms and declarations will contain information about the associates of the person. The ACMA will use this information to work out whether any applicants are affiliated with each other, or with the holder of a spectrum licence, for the purpose of the 1800 MHz allocation limits. If there are such affiliations, this may have consequences for the applicant’s ability to participate in the allocation process in relation to the 1800 MHz lots.\n\nThis Part also requires those applicants who are able to participate in the allocation process to pay a deposit, or provide a deed of financial security, in relation to the lots on which those applicants wish to bid.\n\n#### Division 2—Preliminary\n\n#### 23 Auction manager\n\n  The ACMA must, in writing, appoint:\n    (a) a member, within the meaning of the Australian Communications and Media Authority Act 2005; or\n    (b) a member of the ACMA staff; or\n    (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;\n  to manage the auction.\n\n#### 24 Setting application fee\n\n  Before the ACMA publishes a notice inviting applications for the auction, it must, in writing, set the amount of the application fee.\n\n#### 25 Application fee not refundable\n\n  An application fee paid under this instrument is not refundable in any circumstances, including if an applicant withdraws or is taken to withdraw from the auction, or is not permitted to make a bid on a lot in the auction.\n\n#### 26 Starting prices\n\n  The ACMA must set a starting price for each lot.\n\n#### Division 3—Advertising the auction\n\n#### 27 Advertising of auction by ACMA\n\n  (1) The ACMA must publish on its website a notice that:\n    (a) describes the parts of the spectrum to be auctioned; and\n    (b) gives a brief description of the way the auction will be conducted; and\n    (c) states that the auction will be conducted in accordance with this instrument; and\n    (d) states that the ACMA may conclude that it can allocate a spectrum licence or licences for lots at a pre-determined price without having to conduct an auction; and\n    (e) invites persons to apply to the ACMA to take part in the auction; and\n    (f) states the date and time (the application deadline) before which:\n    (i) completed application forms must be received by the ACMA; and\n    (ii) the application fee must be paid to the ACMA on behalf of the Commonwealth; and\n    (iii) completed preference nomination forms must be received by the ACMA; and\n    (iv) deposits must be paid to the ACMA on behalf of the Commonwealth or deeds of financial security must be given to the ACMA on behalf of the Commonwealth; and\n    (g) states that applications may not be withdrawn after the application deadline; and\n    (h) states that the applicant information package can be obtained from the ACMA’s website at the electronic address given in the notice.\n  (2) If a matter mentioned in the notice changes, the ACMA must publish another notice giving details of the change on its website.\n  (3) The ACMA may publish the information required by subsections (1) and (2) by additional methods, and may publish other information about the auction by any method.\n\n#### 28 Applicant information package\n\n  (1) The applicant information package must contain the following documents and information:\n    (a) the 1800 MHz re-allocation declaration;\n    (b) the 2 GHz and 3.4 GHz designation notice;\n    (c) the 2.3 GHz designation notice;\n    (d) the 1800 MHz marketing plan;\n    (e) the 2 GHz marketing plan;\n    (f) the 2.3 GHz marketing plan;\n    (g) the 3.4 GHz marketing plan;\n    (h) this instrument;\n    (i) the 1800 MHz allocation limits direction;\n    (j) a guide to the auction;\n    (k) a statement that the ACMA may offer to allocate spectrum licences for lots for a pre-determined price, including under Schedule 4;\n    (l) an application form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (m) a preference nomination form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (n) the starting price for each lot;\n    (o) a deed of financial security form approved by the ACMA;\n    (p) information about providing a deed of financial security as an alternative to a deposit;\n    (q) a deed of acknowledgment form approved by the ACMA, that includes a statement to the effect that an applicant understands and agrees to be bound by the provisions of this instrument;\n    (r) a deed of confidentiality form approved by the ACMA, that includes a statement that an applicant (or related person of an applicant) agrees not to disclose confidential information before section 17 ceases to apply to the relevant applicant or the related person;\n    (s) statutory declaration forms for the purposes of this instrument;\n    (t) the amount of the application fee for the auction;\n    (u) the application deadline;\n    (v) the physical address for giving documents to the ACMA;\n    (w) the email address for giving documents to the ACMA;\n    (x) the fax number for giving documents to the ACMA.\n\n> Note: An application form approved for paragraph (l) may require an applicant that has nominated a 1800 MHz lot as one of its preferred lots to provide details about the associates of the applicant.\n\n  (2) The applicant information package may also contain other information about the allocation process.\n  (3) The applicant information package must be published on the ACMA’s website.\n  (4) If the ACMA makes any change to the contents of the applicant information package after it is published, the ACMA must publish a notice giving details of the change on its website.\n\n#### Division 4—Application to participate in auction\n\n#### 29 Making an application\n\n  (1) A person may apply to become registered as a bidder in the auction by:\n    (a) giving the ACMA a completed application form; and\n    (b) giving the ACMA a deed of acknowledgement; and\n    (c) giving the ACMA a deed of confidentiality executed by the applicant; and\n    (d) giving the ACMA a completed preference nomination form; and\n    (e) paying the application fee; and\n    (f) doing one of the following:\n    (i) paying a deposit of an amount to the ACMA on behalf of the Commonwealth; or\n    (ii) giving the ACMA on behalf of the Commonwealth a deed of financial security, for an amount; or\n    (iii) paying a deposit of part of an amount and giving a deed of financial security for the remainder; and\n    (g) if:\n    (i) the applicant has nominated one or more 1800 MHz lots in its preference nomination form; and\n    (ii) the applicant is not an existing 1800 MHz licensee;\n    giving the ACMA a statutory declaration stating whether the applicant is affiliated with an existing 1800 MHz licensee;\n    before the application deadline.\n\n> Note 1: For information on how the application fee must be paid, see section 7.\n\n> Note 2: For information on how a deposit is paid, see section 7. For information on how a deed of financial security is given, see section 6 and subsection 33(8).\n\n  (2) An applicant may give the ACMA an updated document for paragraphs (1)(a) to (d), or subparagraphs (1)(f)(ii) or (iii), at any time until the application deadline, but not after the deadline.\n  (3) An applicant may give the ACMA an updated document for paragraph (1)(g) at any time.\n  (4) For paragraph (1)(f), amount, in relation to a person, has the meaning given by subsection 33(1).\n\n#### 30 Applicants to notify ACMA if application information incorrect\n\n  If an applicant knows that any of the information in the application is incorrect, or has become incorrect, the applicant must immediately give the ACMA the correct information.\n\n#### 31 Preferred lots\n\n  (1) Subject to this section and sections 32 and 33, an applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the completed preference nomination form.\n  (2) Subject to this section and sections 32 and 33, an applicant may nominate one or more lots as its preferred lots.\n  (3) An existing 1800 MHz licensee must not nominate a lot, or a combination of lots, if the aggregate of:\n    (a) the lot size of that lot, or of that combination of lots; and\n    (b) the part of the spectrum that the licensee, or the specified group of persons for the 1800 MHz band that includes the licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits.\n  (4) If an applicant:\n    (a) must not nominate a lot, or a combination of lots, under subsection (3); and\n    (b) purports to nominate that lot, or that combination of lots;\n    the applicant is taken not to have nominated the lot, or the combination of lots, and the ACMA must tell an applicant in writing that it is taken not to have nominated the lot or lots.\n\n#### 32 Procedure if applicant affiliated with existing 1800 MHz licensee\n\n  (1) If:\n    (a) in a statutory declaration given under section 29 an applicant (the affiliated applicant) has stated that it is affiliated with an existing 1800 MHz licensee; and\n    (b) the affiliated applicant has nominated, in a preference nomination form, one or more 1800 MHz lots (the nominated lots) as its preferred lots; and\n    (c) the aggregate of:\n    (i) the lot size of one or more of the nominated lots; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n    the ACMA must, in writing, notify the affiliated applicant that:\n    (d) the applicant is affiliated with the existing 1800 MHz licensee; and\n    (e) if the affiliated applicant were to be the winning bidder for one or more 1800 MHz lots, the 1800 MHz allocation limits would be exceeded; and\n    (f) to participate in stage 1 of the auction, in relation to the 1800 MHz lots, the affiliated applicant must give the ACMA a new preference nomination form.\n\n> Note: This section applies whether or not the existing 1800 MHz licensee is an applicant.\n\n  (2) Within 5 working days of the ACMA notifying the affiliated applicant under subsection (1), the applicant must give the ACMA a new preference nomination form (revised preference nomination form).\n  (3) If an affiliated applicant does not comply with subsection (2), the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (4) If:\n    (a) the affiliated applicant complies with subsection (2); and\n    (b) the aggregate of:\n    (i) the lot size of one or more of the lots nominated by the affiliated applicant in the revised preference nomination form; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n  the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (5) The ACMA must tell an applicant in writing if, under subsection (3) or (4), it is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (6) Subject to subsections (3) and (4), if an affiliated applicant complies with subsection (2), the applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the revised preference nomination form.\n\n> Note 1: An applicant’s ability to nominate preferred lots in the auction may be restricted as a result of the application of the 1800 MHz allocation limits to the lots to be auctioned under this instrument and the spectrum licences held by existing 1800 MHz licensees.\n\n> Note 2: An applicant’s preferred lots may also be affected by section 33.\n\n#### 33 Amount of deposit or deed of financial security required\n\n  (1) For the purposes of paragraph 29(1)(f), the amount required, in relation to an applicant, is 10 percent of the sum of the starting prices of each of the applicant’s preferred lots nominated in the preference nomination form.\n\n> Note: If an applicant gives the ACMA a revised preference nomination form under section 32, the amount required does not increase or decrease proportionally to any change in the sum of the starting prices of the applicant’s preferred lots.\n\n  (2) If an applicant pays a deposit or gives a deed of financial security (or both) for an amount less than the amount under subsection (1), the ACMA must, in writing, notify the applicant that:\n    (a) the applicant has paid a deposit or given a deed of financial security (or both), whichever the case may be, for less than the amount under subsection (1); and\n    (b) the applicant must, before the application deadline or no later than 3 working days after the date of the notice (whichever is the later), pay a deposit or give a deed of financial security (or both) for the remainder of the amount under subsection (1).\n  (3) If the applicant does not comply with the notice given under subsection (2), the applicant’s preferred lots are to be worked out by the ACMA removing from the applicant’s preference nomination form the lot or lots with the lowest starting price until the remaining preferred lots result in an amount under subsection (1) that is equal to, or less than, the deposit paid or the deed of financial security given (or both).\n\n> Note 1: The removal of lots is not specific or confined to a single band. If an applicant has nominated lots in multiple bands, the lot with the lowest starting price will be the first removed under this subsection, regardless of the band the lot is in.\n\n> Note 2: See subsection (13) for dealing with lots with the same starting price.\n\n  (4) If, after the ACMA removes lots from an applicant’s preference nomination form in accordance with subsection (3), no lots remain, the applicant is taken to have withdrawn its application.\n  (5) The ACMA must tell an applicant in writing if:\n    (a) the applicant has had its preferred lots worked out in accordance with subsection (3); or\n    (b) the applicant is taken to have withdrawn its application under subsection (4).\n  (6) A deed of financial security must be executed by an Australian-owned authorised deposit-taking institution (as defined in the Banking Act 1959) which is a bank.\n  (7) If a deed of financial security is executed by a person acting under a power of attorney for a body corporate, the applicant must give the ACMA a copy of the power of attorney with the deed.\n  (8) If a deed of financial security is given to the ACMA by email or fax before the application deadline, the original deed must be received by the ACMA no later than 3 working days after the application deadline (or, if the ACMA agrees to a later time, the agreed time) for the deed to be taken to have been given to the ACMA.\n  (9) An applicant is taken to have withdrawn its application if the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (6).\n  (10) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (9).\n  (11) If:\n    (a) the ACMA removes a lot from an applicant’s preference nomination form in accordance with subsection (3); and\n    (b) the applicant has given the ACMA a revised preference nomination form under section 32; and\n    (c) the lot is included in the revised preference nomination form; and\n    (d) the lots nominated in the revised preference nomination form are the applicant’s preferred lots;\n  the lot is taken to be removed from the applicant’s revised preference nomination form.\n  (12) The ACMA must tell an applicant in writing if a lot is taken to be removed from a revised preference nomination form under subsection (11).\n  (13) For the purposes of subsection (3), if:\n    (a) two or more lots in a preference nomination form have the same starting price;\n    (b) no other lot remaining in the preference nomination form has a lower starting price;\n  the ACMA may select any of those lots to be the lot with the lowest starting price.\n\n#### Division 5—Other matters\n\n#### 34 Bid increment percentage\n\n  After the application deadline, the ACMA must set a bid increment percentage for each lot as a percentage of the starting price for the lot in the first round, and of the specified price for the lot in any other round.\n\n> Note: The auction manager may vary the percentage set under section 34 – see clause 6 of Schedule 1.\n\n#### 35 Withdrawal of application\n\n  (1) An applicant may withdraw its application before the application deadline, by giving the ACMA notice in writing.\n  (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another section of this instrument, has paid a deposit under section 29 or in accordance with section 33, the ACMA must refund the deposit in accordance with subsection 64(4).\n  (3) Subsection (2) is subject to sections 81 and 84.\n  (4) An applicant may not withdraw its application after the application deadline.\n  (5) An applicant must not be re-admitted to the allocation process after withdrawing its application.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 22 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken before conducting the auction or allocating spectrum licences for a pre-determined price.\n\nThe ACMA must make decisions in relation to the allocation process, including setting deadlines by which persons wishing to participate in the allocation process must give the ACMA completed forms and information. The ACMA must also advertise the auction and prepare an applicant information package.\n\nPersons wishing to participate in the allocation process must complete forms, deeds and declarations, and give them to the ACMA by the relevant deadlines. Some of the forms and declarations will contain information about the associates of the person. The ACMA will use this information to work out whether any applicants are affiliated with each other, or with the holder of a spectrum licence, for the purpose of the 1800 MHz allocation limits. If there are such affiliations, this may have consequences for the applicant’s ability to participate in the allocation process in relation to the 1800 MHz lots.\n\nThis Part also requires those applicants who are able to participate in the allocation process to pay a deposit, or provide a deed of financial security, in relation to the lots on which those applicants wish to bid.","sortOrder":26},{"sectionNumber":"Division 2","sectionType":"section","heading":"Preliminary","content":"#### Part 4—Procedures before auction or allocation for a pre-determined price\n\n#### Division 1—Simplified outline\n\n#### 22 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken before conducting the auction or allocating spectrum licences for a pre-determined price.\n\nThe ACMA must make decisions in relation to the allocation process, including setting deadlines by which persons wishing to participate in the allocation process must give the ACMA completed forms and information. The ACMA must also advertise the auction and prepare an applicant information package.\n\nPersons wishing to participate in the allocation process must complete forms, deeds and declarations, and give them to the ACMA by the relevant deadlines. Some of the forms and declarations will contain information about the associates of the person. The ACMA will use this information to work out whether any applicants are affiliated with each other, or with the holder of a spectrum licence, for the purpose of the 1800 MHz allocation limits. If there are such affiliations, this may have consequences for the applicant’s ability to participate in the allocation process in relation to the 1800 MHz lots.\n\nThis Part also requires those applicants who are able to participate in the allocation process to pay a deposit, or provide a deed of financial security, in relation to the lots on which those applicants wish to bid.\n\n#### Division 2—Preliminary\n\n#### 23 Auction manager\n\n  The ACMA must, in writing, appoint:\n    (a) a member, within the meaning of the Australian Communications and Media Authority Act 2005; or\n    (b) a member of the ACMA staff; or\n    (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;\n  to manage the auction.\n\n#### 24 Setting application fee\n\n  Before the ACMA publishes a notice inviting applications for the auction, it must, in writing, set the amount of the application fee.\n\n#### 25 Application fee not refundable\n\n  An application fee paid under this instrument is not refundable in any circumstances, including if an applicant withdraws or is taken to withdraw from the auction, or is not permitted to make a bid on a lot in the auction.\n\n#### 26 Starting prices\n\n  The ACMA must set a starting price for each lot.\n\n#### Division 3—Advertising the auction\n\n#### 27 Advertising of auction by ACMA\n\n  (1) The ACMA must publish on its website a notice that:\n    (a) describes the parts of the spectrum to be auctioned; and\n    (b) gives a brief description of the way the auction will be conducted; and\n    (c) states that the auction will be conducted in accordance with this instrument; and\n    (d) states that the ACMA may conclude that it can allocate a spectrum licence or licences for lots at a pre-determined price without having to conduct an auction; and\n    (e) invites persons to apply to the ACMA to take part in the auction; and\n    (f) states the date and time (the application deadline) before which:\n    (i) completed application forms must be received by the ACMA; and\n    (ii) the application fee must be paid to the ACMA on behalf of the Commonwealth; and\n    (iii) completed preference nomination forms must be received by the ACMA; and\n    (iv) deposits must be paid to the ACMA on behalf of the Commonwealth or deeds of financial security must be given to the ACMA on behalf of the Commonwealth; and\n    (g) states that applications may not be withdrawn after the application deadline; and\n    (h) states that the applicant information package can be obtained from the ACMA’s website at the electronic address given in the notice.\n  (2) If a matter mentioned in the notice changes, the ACMA must publish another notice giving details of the change on its website.\n  (3) The ACMA may publish the information required by subsections (1) and (2) by additional methods, and may publish other information about the auction by any method.\n\n#### 28 Applicant information package\n\n  (1) The applicant information package must contain the following documents and information:\n    (a) the 1800 MHz re-allocation declaration;\n    (b) the 2 GHz and 3.4 GHz designation notice;\n    (c) the 2.3 GHz designation notice;\n    (d) the 1800 MHz marketing plan;\n    (e) the 2 GHz marketing plan;\n    (f) the 2.3 GHz marketing plan;\n    (g) the 3.4 GHz marketing plan;\n    (h) this instrument;\n    (i) the 1800 MHz allocation limits direction;\n    (j) a guide to the auction;\n    (k) a statement that the ACMA may offer to allocate spectrum licences for lots for a pre-determined price, including under Schedule 4;\n    (l) an application form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (m) a preference nomination form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (n) the starting price for each lot;\n    (o) a deed of financial security form approved by the ACMA;\n    (p) information about providing a deed of financial security as an alternative to a deposit;\n    (q) a deed of acknowledgment form approved by the ACMA, that includes a statement to the effect that an applicant understands and agrees to be bound by the provisions of this instrument;\n    (r) a deed of confidentiality form approved by the ACMA, that includes a statement that an applicant (or related person of an applicant) agrees not to disclose confidential information before section 17 ceases to apply to the relevant applicant or the related person;\n    (s) statutory declaration forms for the purposes of this instrument;\n    (t) the amount of the application fee for the auction;\n    (u) the application deadline;\n    (v) the physical address for giving documents to the ACMA;\n    (w) the email address for giving documents to the ACMA;\n    (x) the fax number for giving documents to the ACMA.\n\n> Note: An application form approved for paragraph (l) may require an applicant that has nominated a 1800 MHz lot as one of its preferred lots to provide details about the associates of the applicant.\n\n  (2) The applicant information package may also contain other information about the allocation process.\n  (3) The applicant information package must be published on the ACMA’s website.\n  (4) If the ACMA makes any change to the contents of the applicant information package after it is published, the ACMA must publish a notice giving details of the change on its website.\n\n#### Division 4—Application to participate in auction\n\n#### 29 Making an application\n\n  (1) A person may apply to become registered as a bidder in the auction by:\n    (a) giving the ACMA a completed application form; and\n    (b) giving the ACMA a deed of acknowledgement; and\n    (c) giving the ACMA a deed of confidentiality executed by the applicant; and\n    (d) giving the ACMA a completed preference nomination form; and\n    (e) paying the application fee; and\n    (f) doing one of the following:\n    (i) paying a deposit of an amount to the ACMA on behalf of the Commonwealth; or\n    (ii) giving the ACMA on behalf of the Commonwealth a deed of financial security, for an amount; or\n    (iii) paying a deposit of part of an amount and giving a deed of financial security for the remainder; and\n    (g) if:\n    (i) the applicant has nominated one or more 1800 MHz lots in its preference nomination form; and\n    (ii) the applicant is not an existing 1800 MHz licensee;\n    giving the ACMA a statutory declaration stating whether the applicant is affiliated with an existing 1800 MHz licensee;\n    before the application deadline.\n\n> Note 1: For information on how the application fee must be paid, see section 7.\n\n> Note 2: For information on how a deposit is paid, see section 7. For information on how a deed of financial security is given, see section 6 and subsection 33(8).\n\n  (2) An applicant may give the ACMA an updated document for paragraphs (1)(a) to (d), or subparagraphs (1)(f)(ii) or (iii), at any time until the application deadline, but not after the deadline.\n  (3) An applicant may give the ACMA an updated document for paragraph (1)(g) at any time.\n  (4) For paragraph (1)(f), amount, in relation to a person, has the meaning given by subsection 33(1).\n\n#### 30 Applicants to notify ACMA if application information incorrect\n\n  If an applicant knows that any of the information in the application is incorrect, or has become incorrect, the applicant must immediately give the ACMA the correct information.\n\n#### 31 Preferred lots\n\n  (1) Subject to this section and sections 32 and 33, an applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the completed preference nomination form.\n  (2) Subject to this section and sections 32 and 33, an applicant may nominate one or more lots as its preferred lots.\n  (3) An existing 1800 MHz licensee must not nominate a lot, or a combination of lots, if the aggregate of:\n    (a) the lot size of that lot, or of that combination of lots; and\n    (b) the part of the spectrum that the licensee, or the specified group of persons for the 1800 MHz band that includes the licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits.\n  (4) If an applicant:\n    (a) must not nominate a lot, or a combination of lots, under subsection (3); and\n    (b) purports to nominate that lot, or that combination of lots;\n    the applicant is taken not to have nominated the lot, or the combination of lots, and the ACMA must tell an applicant in writing that it is taken not to have nominated the lot or lots.\n\n#### 32 Procedure if applicant affiliated with existing 1800 MHz licensee\n\n  (1) If:\n    (a) in a statutory declaration given under section 29 an applicant (the affiliated applicant) has stated that it is affiliated with an existing 1800 MHz licensee; and\n    (b) the affiliated applicant has nominated, in a preference nomination form, one or more 1800 MHz lots (the nominated lots) as its preferred lots; and\n    (c) the aggregate of:\n    (i) the lot size of one or more of the nominated lots; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n    the ACMA must, in writing, notify the affiliated applicant that:\n    (d) the applicant is affiliated with the existing 1800 MHz licensee; and\n    (e) if the affiliated applicant were to be the winning bidder for one or more 1800 MHz lots, the 1800 MHz allocation limits would be exceeded; and\n    (f) to participate in stage 1 of the auction, in relation to the 1800 MHz lots, the affiliated applicant must give the ACMA a new preference nomination form.\n\n> Note: This section applies whether or not the existing 1800 MHz licensee is an applicant.\n\n  (2) Within 5 working days of the ACMA notifying the affiliated applicant under subsection (1), the applicant must give the ACMA a new preference nomination form (revised preference nomination form).\n  (3) If an affiliated applicant does not comply with subsection (2), the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (4) If:\n    (a) the affiliated applicant complies with subsection (2); and\n    (b) the aggregate of:\n    (i) the lot size of one or more of the lots nominated by the affiliated applicant in the revised preference nomination form; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n  the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (5) The ACMA must tell an applicant in writing if, under subsection (3) or (4), it is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (6) Subject to subsections (3) and (4), if an affiliated applicant complies with subsection (2), the applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the revised preference nomination form.\n\n> Note 1: An applicant’s ability to nominate preferred lots in the auction may be restricted as a result of the application of the 1800 MHz allocation limits to the lots to be auctioned under this instrument and the spectrum licences held by existing 1800 MHz licensees.\n\n> Note 2: An applicant’s preferred lots may also be affected by section 33.\n\n#### 33 Amount of deposit or deed of financial security required\n\n  (1) For the purposes of paragraph 29(1)(f), the amount required, in relation to an applicant, is 10 percent of the sum of the starting prices of each of the applicant’s preferred lots nominated in the preference nomination form.\n\n> Note: If an applicant gives the ACMA a revised preference nomination form under section 32, the amount required does not increase or decrease proportionally to any change in the sum of the starting prices of the applicant’s preferred lots.\n\n  (2) If an applicant pays a deposit or gives a deed of financial security (or both) for an amount less than the amount under subsection (1), the ACMA must, in writing, notify the applicant that:\n    (a) the applicant has paid a deposit or given a deed of financial security (or both), whichever the case may be, for less than the amount under subsection (1); and\n    (b) the applicant must, before the application deadline or no later than 3 working days after the date of the notice (whichever is the later), pay a deposit or give a deed of financial security (or both) for the remainder of the amount under subsection (1).\n  (3) If the applicant does not comply with the notice given under subsection (2), the applicant’s preferred lots are to be worked out by the ACMA removing from the applicant’s preference nomination form the lot or lots with the lowest starting price until the remaining preferred lots result in an amount under subsection (1) that is equal to, or less than, the deposit paid or the deed of financial security given (or both).\n\n> Note 1: The removal of lots is not specific or confined to a single band. If an applicant has nominated lots in multiple bands, the lot with the lowest starting price will be the first removed under this subsection, regardless of the band the lot is in.\n\n> Note 2: See subsection (13) for dealing with lots with the same starting price.\n\n  (4) If, after the ACMA removes lots from an applicant’s preference nomination form in accordance with subsection (3), no lots remain, the applicant is taken to have withdrawn its application.\n  (5) The ACMA must tell an applicant in writing if:\n    (a) the applicant has had its preferred lots worked out in accordance with subsection (3); or\n    (b) the applicant is taken to have withdrawn its application under subsection (4).\n  (6) A deed of financial security must be executed by an Australian-owned authorised deposit-taking institution (as defined in the Banking Act 1959) which is a bank.\n  (7) If a deed of financial security is executed by a person acting under a power of attorney for a body corporate, the applicant must give the ACMA a copy of the power of attorney with the deed.\n  (8) If a deed of financial security is given to the ACMA by email or fax before the application deadline, the original deed must be received by the ACMA no later than 3 working days after the application deadline (or, if the ACMA agrees to a later time, the agreed time) for the deed to be taken to have been given to the ACMA.\n  (9) An applicant is taken to have withdrawn its application if the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (6).\n  (10) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (9).\n  (11) If:\n    (a) the ACMA removes a lot from an applicant’s preference nomination form in accordance with subsection (3); and\n    (b) the applicant has given the ACMA a revised preference nomination form under section 32; and\n    (c) the lot is included in the revised preference nomination form; and\n    (d) the lots nominated in the revised preference nomination form are the applicant’s preferred lots;\n  the lot is taken to be removed from the applicant’s revised preference nomination form.\n  (12) The ACMA must tell an applicant in writing if a lot is taken to be removed from a revised preference nomination form under subsection (11).\n  (13) For the purposes of subsection (3), if:\n    (a) two or more lots in a preference nomination form have the same starting price;\n    (b) no other lot remaining in the preference nomination form has a lower starting price;\n  the ACMA may select any of those lots to be the lot with the lowest starting price.\n\n#### Division 5—Other matters\n\n#### 34 Bid increment percentage\n\n  After the application deadline, the ACMA must set a bid increment percentage for each lot as a percentage of the starting price for the lot in the first round, and of the specified price for the lot in any other round.\n\n> Note: The auction manager may vary the percentage set under section 34 – see clause 6 of Schedule 1.\n\n#### 35 Withdrawal of application\n\n  (1) An applicant may withdraw its application before the application deadline, by giving the ACMA notice in writing.\n  (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another section of this instrument, has paid a deposit under section 29 or in accordance with section 33, the ACMA must refund the deposit in accordance with subsection 64(4).\n  (3) Subsection (2) is subject to sections 81 and 84.\n  (4) An applicant may not withdraw its application after the application deadline.\n  (5) An applicant must not be re-admitted to the allocation process after withdrawing its application.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Auction manager","content":"#### 23 Auction manager\n\n  The ACMA must, in writing, appoint:\n    (a) a member, within the meaning of the Australian Communications and Media Authority Act 2005; or\n    (b) a member of the ACMA staff; or\n    (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;\n  to manage the auction.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Setting application fee","content":"#### 24 Setting application fee\n\n  Before the ACMA publishes a notice inviting applications for the auction, it must, in writing, set the amount of the application fee.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Application fee not refundable","content":"#### 25 Application fee not refundable\n\n  An application fee paid under this instrument is not refundable in any circumstances, including if an applicant withdraws or is taken to withdraw from the auction, or is not permitted to make a bid on a lot in the auction.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Starting prices","content":"#### 26 Starting prices\n\n  The ACMA must set a starting price for each lot.","sortOrder":31},{"sectionNumber":"Division 3","sectionType":"section","heading":"Advertising the auction","content":"#### Part 4—Procedures before auction or allocation for a pre-determined price\n\n#### Division 1—Simplified outline\n\n#### 22 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken before conducting the auction or allocating spectrum licences for a pre-determined price.\n\nThe ACMA must make decisions in relation to the allocation process, including setting deadlines by which persons wishing to participate in the allocation process must give the ACMA completed forms and information. The ACMA must also advertise the auction and prepare an applicant information package.\n\nPersons wishing to participate in the allocation process must complete forms, deeds and declarations, and give them to the ACMA by the relevant deadlines. Some of the forms and declarations will contain information about the associates of the person. The ACMA will use this information to work out whether any applicants are affiliated with each other, or with the holder of a spectrum licence, for the purpose of the 1800 MHz allocation limits. If there are such affiliations, this may have consequences for the applicant’s ability to participate in the allocation process in relation to the 1800 MHz lots.\n\nThis Part also requires those applicants who are able to participate in the allocation process to pay a deposit, or provide a deed of financial security, in relation to the lots on which those applicants wish to bid.\n\n#### Division 2—Preliminary\n\n#### 23 Auction manager\n\n  The ACMA must, in writing, appoint:\n    (a) a member, within the meaning of the Australian Communications and Media Authority Act 2005; or\n    (b) a member of the ACMA staff; or\n    (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;\n  to manage the auction.\n\n#### 24 Setting application fee\n\n  Before the ACMA publishes a notice inviting applications for the auction, it must, in writing, set the amount of the application fee.\n\n#### 25 Application fee not refundable\n\n  An application fee paid under this instrument is not refundable in any circumstances, including if an applicant withdraws or is taken to withdraw from the auction, or is not permitted to make a bid on a lot in the auction.\n\n#### 26 Starting prices\n\n  The ACMA must set a starting price for each lot.\n\n#### Division 3—Advertising the auction\n\n#### 27 Advertising of auction by ACMA\n\n  (1) The ACMA must publish on its website a notice that:\n    (a) describes the parts of the spectrum to be auctioned; and\n    (b) gives a brief description of the way the auction will be conducted; and\n    (c) states that the auction will be conducted in accordance with this instrument; and\n    (d) states that the ACMA may conclude that it can allocate a spectrum licence or licences for lots at a pre-determined price without having to conduct an auction; and\n    (e) invites persons to apply to the ACMA to take part in the auction; and\n    (f) states the date and time (the application deadline) before which:\n    (i) completed application forms must be received by the ACMA; and\n    (ii) the application fee must be paid to the ACMA on behalf of the Commonwealth; and\n    (iii) completed preference nomination forms must be received by the ACMA; and\n    (iv) deposits must be paid to the ACMA on behalf of the Commonwealth or deeds of financial security must be given to the ACMA on behalf of the Commonwealth; and\n    (g) states that applications may not be withdrawn after the application deadline; and\n    (h) states that the applicant information package can be obtained from the ACMA’s website at the electronic address given in the notice.\n  (2) If a matter mentioned in the notice changes, the ACMA must publish another notice giving details of the change on its website.\n  (3) The ACMA may publish the information required by subsections (1) and (2) by additional methods, and may publish other information about the auction by any method.\n\n#### 28 Applicant information package\n\n  (1) The applicant information package must contain the following documents and information:\n    (a) the 1800 MHz re-allocation declaration;\n    (b) the 2 GHz and 3.4 GHz designation notice;\n    (c) the 2.3 GHz designation notice;\n    (d) the 1800 MHz marketing plan;\n    (e) the 2 GHz marketing plan;\n    (f) the 2.3 GHz marketing plan;\n    (g) the 3.4 GHz marketing plan;\n    (h) this instrument;\n    (i) the 1800 MHz allocation limits direction;\n    (j) a guide to the auction;\n    (k) a statement that the ACMA may offer to allocate spectrum licences for lots for a pre-determined price, including under Schedule 4;\n    (l) an application form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (m) a preference nomination form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (n) the starting price for each lot;\n    (o) a deed of financial security form approved by the ACMA;\n    (p) information about providing a deed of financial security as an alternative to a deposit;\n    (q) a deed of acknowledgment form approved by the ACMA, that includes a statement to the effect that an applicant understands and agrees to be bound by the provisions of this instrument;\n    (r) a deed of confidentiality form approved by the ACMA, that includes a statement that an applicant (or related person of an applicant) agrees not to disclose confidential information before section 17 ceases to apply to the relevant applicant or the related person;\n    (s) statutory declaration forms for the purposes of this instrument;\n    (t) the amount of the application fee for the auction;\n    (u) the application deadline;\n    (v) the physical address for giving documents to the ACMA;\n    (w) the email address for giving documents to the ACMA;\n    (x) the fax number for giving documents to the ACMA.\n\n> Note: An application form approved for paragraph (l) may require an applicant that has nominated a 1800 MHz lot as one of its preferred lots to provide details about the associates of the applicant.\n\n  (2) The applicant information package may also contain other information about the allocation process.\n  (3) The applicant information package must be published on the ACMA’s website.\n  (4) If the ACMA makes any change to the contents of the applicant information package after it is published, the ACMA must publish a notice giving details of the change on its website.\n\n#### Division 4—Application to participate in auction\n\n#### 29 Making an application\n\n  (1) A person may apply to become registered as a bidder in the auction by:\n    (a) giving the ACMA a completed application form; and\n    (b) giving the ACMA a deed of acknowledgement; and\n    (c) giving the ACMA a deed of confidentiality executed by the applicant; and\n    (d) giving the ACMA a completed preference nomination form; and\n    (e) paying the application fee; and\n    (f) doing one of the following:\n    (i) paying a deposit of an amount to the ACMA on behalf of the Commonwealth; or\n    (ii) giving the ACMA on behalf of the Commonwealth a deed of financial security, for an amount; or\n    (iii) paying a deposit of part of an amount and giving a deed of financial security for the remainder; and\n    (g) if:\n    (i) the applicant has nominated one or more 1800 MHz lots in its preference nomination form; and\n    (ii) the applicant is not an existing 1800 MHz licensee;\n    giving the ACMA a statutory declaration stating whether the applicant is affiliated with an existing 1800 MHz licensee;\n    before the application deadline.\n\n> Note 1: For information on how the application fee must be paid, see section 7.\n\n> Note 2: For information on how a deposit is paid, see section 7. For information on how a deed of financial security is given, see section 6 and subsection 33(8).\n\n  (2) An applicant may give the ACMA an updated document for paragraphs (1)(a) to (d), or subparagraphs (1)(f)(ii) or (iii), at any time until the application deadline, but not after the deadline.\n  (3) An applicant may give the ACMA an updated document for paragraph (1)(g) at any time.\n  (4) For paragraph (1)(f), amount, in relation to a person, has the meaning given by subsection 33(1).\n\n#### 30 Applicants to notify ACMA if application information incorrect\n\n  If an applicant knows that any of the information in the application is incorrect, or has become incorrect, the applicant must immediately give the ACMA the correct information.\n\n#### 31 Preferred lots\n\n  (1) Subject to this section and sections 32 and 33, an applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the completed preference nomination form.\n  (2) Subject to this section and sections 32 and 33, an applicant may nominate one or more lots as its preferred lots.\n  (3) An existing 1800 MHz licensee must not nominate a lot, or a combination of lots, if the aggregate of:\n    (a) the lot size of that lot, or of that combination of lots; and\n    (b) the part of the spectrum that the licensee, or the specified group of persons for the 1800 MHz band that includes the licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits.\n  (4) If an applicant:\n    (a) must not nominate a lot, or a combination of lots, under subsection (3); and\n    (b) purports to nominate that lot, or that combination of lots;\n    the applicant is taken not to have nominated the lot, or the combination of lots, and the ACMA must tell an applicant in writing that it is taken not to have nominated the lot or lots.\n\n#### 32 Procedure if applicant affiliated with existing 1800 MHz licensee\n\n  (1) If:\n    (a) in a statutory declaration given under section 29 an applicant (the affiliated applicant) has stated that it is affiliated with an existing 1800 MHz licensee; and\n    (b) the affiliated applicant has nominated, in a preference nomination form, one or more 1800 MHz lots (the nominated lots) as its preferred lots; and\n    (c) the aggregate of:\n    (i) the lot size of one or more of the nominated lots; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n    the ACMA must, in writing, notify the affiliated applicant that:\n    (d) the applicant is affiliated with the existing 1800 MHz licensee; and\n    (e) if the affiliated applicant were to be the winning bidder for one or more 1800 MHz lots, the 1800 MHz allocation limits would be exceeded; and\n    (f) to participate in stage 1 of the auction, in relation to the 1800 MHz lots, the affiliated applicant must give the ACMA a new preference nomination form.\n\n> Note: This section applies whether or not the existing 1800 MHz licensee is an applicant.\n\n  (2) Within 5 working days of the ACMA notifying the affiliated applicant under subsection (1), the applicant must give the ACMA a new preference nomination form (revised preference nomination form).\n  (3) If an affiliated applicant does not comply with subsection (2), the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (4) If:\n    (a) the affiliated applicant complies with subsection (2); and\n    (b) the aggregate of:\n    (i) the lot size of one or more of the lots nominated by the affiliated applicant in the revised preference nomination form; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n  the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (5) The ACMA must tell an applicant in writing if, under subsection (3) or (4), it is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (6) Subject to subsections (3) and (4), if an affiliated applicant complies with subsection (2), the applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the revised preference nomination form.\n\n> Note 1: An applicant’s ability to nominate preferred lots in the auction may be restricted as a result of the application of the 1800 MHz allocation limits to the lots to be auctioned under this instrument and the spectrum licences held by existing 1800 MHz licensees.\n\n> Note 2: An applicant’s preferred lots may also be affected by section 33.\n\n#### 33 Amount of deposit or deed of financial security required\n\n  (1) For the purposes of paragraph 29(1)(f), the amount required, in relation to an applicant, is 10 percent of the sum of the starting prices of each of the applicant’s preferred lots nominated in the preference nomination form.\n\n> Note: If an applicant gives the ACMA a revised preference nomination form under section 32, the amount required does not increase or decrease proportionally to any change in the sum of the starting prices of the applicant’s preferred lots.\n\n  (2) If an applicant pays a deposit or gives a deed of financial security (or both) for an amount less than the amount under subsection (1), the ACMA must, in writing, notify the applicant that:\n    (a) the applicant has paid a deposit or given a deed of financial security (or both), whichever the case may be, for less than the amount under subsection (1); and\n    (b) the applicant must, before the application deadline or no later than 3 working days after the date of the notice (whichever is the later), pay a deposit or give a deed of financial security (or both) for the remainder of the amount under subsection (1).\n  (3) If the applicant does not comply with the notice given under subsection (2), the applicant’s preferred lots are to be worked out by the ACMA removing from the applicant’s preference nomination form the lot or lots with the lowest starting price until the remaining preferred lots result in an amount under subsection (1) that is equal to, or less than, the deposit paid or the deed of financial security given (or both).\n\n> Note 1: The removal of lots is not specific or confined to a single band. If an applicant has nominated lots in multiple bands, the lot with the lowest starting price will be the first removed under this subsection, regardless of the band the lot is in.\n\n> Note 2: See subsection (13) for dealing with lots with the same starting price.\n\n  (4) If, after the ACMA removes lots from an applicant’s preference nomination form in accordance with subsection (3), no lots remain, the applicant is taken to have withdrawn its application.\n  (5) The ACMA must tell an applicant in writing if:\n    (a) the applicant has had its preferred lots worked out in accordance with subsection (3); or\n    (b) the applicant is taken to have withdrawn its application under subsection (4).\n  (6) A deed of financial security must be executed by an Australian-owned authorised deposit-taking institution (as defined in the Banking Act 1959) which is a bank.\n  (7) If a deed of financial security is executed by a person acting under a power of attorney for a body corporate, the applicant must give the ACMA a copy of the power of attorney with the deed.\n  (8) If a deed of financial security is given to the ACMA by email or fax before the application deadline, the original deed must be received by the ACMA no later than 3 working days after the application deadline (or, if the ACMA agrees to a later time, the agreed time) for the deed to be taken to have been given to the ACMA.\n  (9) An applicant is taken to have withdrawn its application if the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (6).\n  (10) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (9).\n  (11) If:\n    (a) the ACMA removes a lot from an applicant’s preference nomination form in accordance with subsection (3); and\n    (b) the applicant has given the ACMA a revised preference nomination form under section 32; and\n    (c) the lot is included in the revised preference nomination form; and\n    (d) the lots nominated in the revised preference nomination form are the applicant’s preferred lots;\n  the lot is taken to be removed from the applicant’s revised preference nomination form.\n  (12) The ACMA must tell an applicant in writing if a lot is taken to be removed from a revised preference nomination form under subsection (11).\n  (13) For the purposes of subsection (3), if:\n    (a) two or more lots in a preference nomination form have the same starting price;\n    (b) no other lot remaining in the preference nomination form has a lower starting price;\n  the ACMA may select any of those lots to be the lot with the lowest starting price.\n\n#### Division 5—Other matters\n\n#### 34 Bid increment percentage\n\n  After the application deadline, the ACMA must set a bid increment percentage for each lot as a percentage of the starting price for the lot in the first round, and of the specified price for the lot in any other round.\n\n> Note: The auction manager may vary the percentage set under section 34 – see clause 6 of Schedule 1.\n\n#### 35 Withdrawal of application\n\n  (1) An applicant may withdraw its application before the application deadline, by giving the ACMA notice in writing.\n  (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another section of this instrument, has paid a deposit under section 29 or in accordance with section 33, the ACMA must refund the deposit in accordance with subsection 64(4).\n  (3) Subsection (2) is subject to sections 81 and 84.\n  (4) An applicant may not withdraw its application after the application deadline.\n  (5) An applicant must not be re-admitted to the allocation process after withdrawing its application.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Advertising of auction by ACMA","content":"#### 27 Advertising of auction by ACMA\n\n  (1) The ACMA must publish on its website a notice that:\n    (a) describes the parts of the spectrum to be auctioned; and\n    (b) gives a brief description of the way the auction will be conducted; and\n    (c) states that the auction will be conducted in accordance with this instrument; and\n    (d) states that the ACMA may conclude that it can allocate a spectrum licence or licences for lots at a pre-determined price without having to conduct an auction; and\n    (e) invites persons to apply to the ACMA to take part in the auction; and\n    (f) states the date and time (the application deadline) before which:\n    (i) completed application forms must be received by the ACMA; and\n    (ii) the application fee must be paid to the ACMA on behalf of the Commonwealth; and\n    (iii) completed preference nomination forms must be received by the ACMA; and\n    (iv) deposits must be paid to the ACMA on behalf of the Commonwealth or deeds of financial security must be given to the ACMA on behalf of the Commonwealth; and\n    (g) states that applications may not be withdrawn after the application deadline; and\n    (h) states that the applicant information package can be obtained from the ACMA’s website at the electronic address given in the notice.\n  (2) If a matter mentioned in the notice changes, the ACMA must publish another notice giving details of the change on its website.\n  (3) The ACMA may publish the information required by subsections (1) and (2) by additional methods, and may publish other information about the auction by any method.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Applicant information package","content":"#### 28 Applicant information package\n\n  (1) The applicant information package must contain the following documents and information:\n    (a) the 1800 MHz re-allocation declaration;\n    (b) the 2 GHz and 3.4 GHz designation notice;\n    (c) the 2.3 GHz designation notice;\n    (d) the 1800 MHz marketing plan;\n    (e) the 2 GHz marketing plan;\n    (f) the 2.3 GHz marketing plan;\n    (g) the 3.4 GHz marketing plan;\n    (h) this instrument;\n    (i) the 1800 MHz allocation limits direction;\n    (j) a guide to the auction;\n    (k) a statement that the ACMA may offer to allocate spectrum licences for lots for a pre-determined price, including under Schedule 4;\n    (l) an application form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (m) a preference nomination form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (n) the starting price for each lot;\n    (o) a deed of financial security form approved by the ACMA;\n    (p) information about providing a deed of financial security as an alternative to a deposit;\n    (q) a deed of acknowledgment form approved by the ACMA, that includes a statement to the effect that an applicant understands and agrees to be bound by the provisions of this instrument;\n    (r) a deed of confidentiality form approved by the ACMA, that includes a statement that an applicant (or related person of an applicant) agrees not to disclose confidential information before section 17 ceases to apply to the relevant applicant or the related person;\n    (s) statutory declaration forms for the purposes of this instrument;\n    (t) the amount of the application fee for the auction;\n    (u) the application deadline;\n    (v) the physical address for giving documents to the ACMA;\n    (w) the email address for giving documents to the ACMA;\n    (x) the fax number for giving documents to the ACMA.\n\n> Note: An application form approved for paragraph (l) may require an applicant that has nominated a 1800 MHz lot as one of its preferred lots to provide details about the associates of the applicant.\n\n  (2) The applicant information package may also contain other information about the allocation process.\n  (3) The applicant information package must be published on the ACMA’s website.\n  (4) If the ACMA makes any change to the contents of the applicant information package after it is published, the ACMA must publish a notice giving details of the change on its website.","sortOrder":34},{"sectionNumber":"Division 4","sectionType":"section","heading":"Application to participate in auction","content":"#### Part 4—Procedures before auction or allocation for a pre-determined price\n\n#### Division 1—Simplified outline\n\n#### 22 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken before conducting the auction or allocating spectrum licences for a pre-determined price.\n\nThe ACMA must make decisions in relation to the allocation process, including setting deadlines by which persons wishing to participate in the allocation process must give the ACMA completed forms and information. The ACMA must also advertise the auction and prepare an applicant information package.\n\nPersons wishing to participate in the allocation process must complete forms, deeds and declarations, and give them to the ACMA by the relevant deadlines. Some of the forms and declarations will contain information about the associates of the person. The ACMA will use this information to work out whether any applicants are affiliated with each other, or with the holder of a spectrum licence, for the purpose of the 1800 MHz allocation limits. If there are such affiliations, this may have consequences for the applicant’s ability to participate in the allocation process in relation to the 1800 MHz lots.\n\nThis Part also requires those applicants who are able to participate in the allocation process to pay a deposit, or provide a deed of financial security, in relation to the lots on which those applicants wish to bid.\n\n#### Division 2—Preliminary\n\n#### 23 Auction manager\n\n  The ACMA must, in writing, appoint:\n    (a) a member, within the meaning of the Australian Communications and Media Authority Act 2005; or\n    (b) a member of the ACMA staff; or\n    (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;\n  to manage the auction.\n\n#### 24 Setting application fee\n\n  Before the ACMA publishes a notice inviting applications for the auction, it must, in writing, set the amount of the application fee.\n\n#### 25 Application fee not refundable\n\n  An application fee paid under this instrument is not refundable in any circumstances, including if an applicant withdraws or is taken to withdraw from the auction, or is not permitted to make a bid on a lot in the auction.\n\n#### 26 Starting prices\n\n  The ACMA must set a starting price for each lot.\n\n#### Division 3—Advertising the auction\n\n#### 27 Advertising of auction by ACMA\n\n  (1) The ACMA must publish on its website a notice that:\n    (a) describes the parts of the spectrum to be auctioned; and\n    (b) gives a brief description of the way the auction will be conducted; and\n    (c) states that the auction will be conducted in accordance with this instrument; and\n    (d) states that the ACMA may conclude that it can allocate a spectrum licence or licences for lots at a pre-determined price without having to conduct an auction; and\n    (e) invites persons to apply to the ACMA to take part in the auction; and\n    (f) states the date and time (the application deadline) before which:\n    (i) completed application forms must be received by the ACMA; and\n    (ii) the application fee must be paid to the ACMA on behalf of the Commonwealth; and\n    (iii) completed preference nomination forms must be received by the ACMA; and\n    (iv) deposits must be paid to the ACMA on behalf of the Commonwealth or deeds of financial security must be given to the ACMA on behalf of the Commonwealth; and\n    (g) states that applications may not be withdrawn after the application deadline; and\n    (h) states that the applicant information package can be obtained from the ACMA’s website at the electronic address given in the notice.\n  (2) If a matter mentioned in the notice changes, the ACMA must publish another notice giving details of the change on its website.\n  (3) The ACMA may publish the information required by subsections (1) and (2) by additional methods, and may publish other information about the auction by any method.\n\n#### 28 Applicant information package\n\n  (1) The applicant information package must contain the following documents and information:\n    (a) the 1800 MHz re-allocation declaration;\n    (b) the 2 GHz and 3.4 GHz designation notice;\n    (c) the 2.3 GHz designation notice;\n    (d) the 1800 MHz marketing plan;\n    (e) the 2 GHz marketing plan;\n    (f) the 2.3 GHz marketing plan;\n    (g) the 3.4 GHz marketing plan;\n    (h) this instrument;\n    (i) the 1800 MHz allocation limits direction;\n    (j) a guide to the auction;\n    (k) a statement that the ACMA may offer to allocate spectrum licences for lots for a pre-determined price, including under Schedule 4;\n    (l) an application form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (m) a preference nomination form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (n) the starting price for each lot;\n    (o) a deed of financial security form approved by the ACMA;\n    (p) information about providing a deed of financial security as an alternative to a deposit;\n    (q) a deed of acknowledgment form approved by the ACMA, that includes a statement to the effect that an applicant understands and agrees to be bound by the provisions of this instrument;\n    (r) a deed of confidentiality form approved by the ACMA, that includes a statement that an applicant (or related person of an applicant) agrees not to disclose confidential information before section 17 ceases to apply to the relevant applicant or the related person;\n    (s) statutory declaration forms for the purposes of this instrument;\n    (t) the amount of the application fee for the auction;\n    (u) the application deadline;\n    (v) the physical address for giving documents to the ACMA;\n    (w) the email address for giving documents to the ACMA;\n    (x) the fax number for giving documents to the ACMA.\n\n> Note: An application form approved for paragraph (l) may require an applicant that has nominated a 1800 MHz lot as one of its preferred lots to provide details about the associates of the applicant.\n\n  (2) The applicant information package may also contain other information about the allocation process.\n  (3) The applicant information package must be published on the ACMA’s website.\n  (4) If the ACMA makes any change to the contents of the applicant information package after it is published, the ACMA must publish a notice giving details of the change on its website.\n\n#### Division 4—Application to participate in auction\n\n#### 29 Making an application\n\n  (1) A person may apply to become registered as a bidder in the auction by:\n    (a) giving the ACMA a completed application form; and\n    (b) giving the ACMA a deed of acknowledgement; and\n    (c) giving the ACMA a deed of confidentiality executed by the applicant; and\n    (d) giving the ACMA a completed preference nomination form; and\n    (e) paying the application fee; and\n    (f) doing one of the following:\n    (i) paying a deposit of an amount to the ACMA on behalf of the Commonwealth; or\n    (ii) giving the ACMA on behalf of the Commonwealth a deed of financial security, for an amount; or\n    (iii) paying a deposit of part of an amount and giving a deed of financial security for the remainder; and\n    (g) if:\n    (i) the applicant has nominated one or more 1800 MHz lots in its preference nomination form; and\n    (ii) the applicant is not an existing 1800 MHz licensee;\n    giving the ACMA a statutory declaration stating whether the applicant is affiliated with an existing 1800 MHz licensee;\n    before the application deadline.\n\n> Note 1: For information on how the application fee must be paid, see section 7.\n\n> Note 2: For information on how a deposit is paid, see section 7. For information on how a deed of financial security is given, see section 6 and subsection 33(8).\n\n  (2) An applicant may give the ACMA an updated document for paragraphs (1)(a) to (d), or subparagraphs (1)(f)(ii) or (iii), at any time until the application deadline, but not after the deadline.\n  (3) An applicant may give the ACMA an updated document for paragraph (1)(g) at any time.\n  (4) For paragraph (1)(f), amount, in relation to a person, has the meaning given by subsection 33(1).\n\n#### 30 Applicants to notify ACMA if application information incorrect\n\n  If an applicant knows that any of the information in the application is incorrect, or has become incorrect, the applicant must immediately give the ACMA the correct information.\n\n#### 31 Preferred lots\n\n  (1) Subject to this section and sections 32 and 33, an applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the completed preference nomination form.\n  (2) Subject to this section and sections 32 and 33, an applicant may nominate one or more lots as its preferred lots.\n  (3) An existing 1800 MHz licensee must not nominate a lot, or a combination of lots, if the aggregate of:\n    (a) the lot size of that lot, or of that combination of lots; and\n    (b) the part of the spectrum that the licensee, or the specified group of persons for the 1800 MHz band that includes the licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits.\n  (4) If an applicant:\n    (a) must not nominate a lot, or a combination of lots, under subsection (3); and\n    (b) purports to nominate that lot, or that combination of lots;\n    the applicant is taken not to have nominated the lot, or the combination of lots, and the ACMA must tell an applicant in writing that it is taken not to have nominated the lot or lots.\n\n#### 32 Procedure if applicant affiliated with existing 1800 MHz licensee\n\n  (1) If:\n    (a) in a statutory declaration given under section 29 an applicant (the affiliated applicant) has stated that it is affiliated with an existing 1800 MHz licensee; and\n    (b) the affiliated applicant has nominated, in a preference nomination form, one or more 1800 MHz lots (the nominated lots) as its preferred lots; and\n    (c) the aggregate of:\n    (i) the lot size of one or more of the nominated lots; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n    the ACMA must, in writing, notify the affiliated applicant that:\n    (d) the applicant is affiliated with the existing 1800 MHz licensee; and\n    (e) if the affiliated applicant were to be the winning bidder for one or more 1800 MHz lots, the 1800 MHz allocation limits would be exceeded; and\n    (f) to participate in stage 1 of the auction, in relation to the 1800 MHz lots, the affiliated applicant must give the ACMA a new preference nomination form.\n\n> Note: This section applies whether or not the existing 1800 MHz licensee is an applicant.\n\n  (2) Within 5 working days of the ACMA notifying the affiliated applicant under subsection (1), the applicant must give the ACMA a new preference nomination form (revised preference nomination form).\n  (3) If an affiliated applicant does not comply with subsection (2), the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (4) If:\n    (a) the affiliated applicant complies with subsection (2); and\n    (b) the aggregate of:\n    (i) the lot size of one or more of the lots nominated by the affiliated applicant in the revised preference nomination form; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n  the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (5) The ACMA must tell an applicant in writing if, under subsection (3) or (4), it is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (6) Subject to subsections (3) and (4), if an affiliated applicant complies with subsection (2), the applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the revised preference nomination form.\n\n> Note 1: An applicant’s ability to nominate preferred lots in the auction may be restricted as a result of the application of the 1800 MHz allocation limits to the lots to be auctioned under this instrument and the spectrum licences held by existing 1800 MHz licensees.\n\n> Note 2: An applicant’s preferred lots may also be affected by section 33.\n\n#### 33 Amount of deposit or deed of financial security required\n\n  (1) For the purposes of paragraph 29(1)(f), the amount required, in relation to an applicant, is 10 percent of the sum of the starting prices of each of the applicant’s preferred lots nominated in the preference nomination form.\n\n> Note: If an applicant gives the ACMA a revised preference nomination form under section 32, the amount required does not increase or decrease proportionally to any change in the sum of the starting prices of the applicant’s preferred lots.\n\n  (2) If an applicant pays a deposit or gives a deed of financial security (or both) for an amount less than the amount under subsection (1), the ACMA must, in writing, notify the applicant that:\n    (a) the applicant has paid a deposit or given a deed of financial security (or both), whichever the case may be, for less than the amount under subsection (1); and\n    (b) the applicant must, before the application deadline or no later than 3 working days after the date of the notice (whichever is the later), pay a deposit or give a deed of financial security (or both) for the remainder of the amount under subsection (1).\n  (3) If the applicant does not comply with the notice given under subsection (2), the applicant’s preferred lots are to be worked out by the ACMA removing from the applicant’s preference nomination form the lot or lots with the lowest starting price until the remaining preferred lots result in an amount under subsection (1) that is equal to, or less than, the deposit paid or the deed of financial security given (or both).\n\n> Note 1: The removal of lots is not specific or confined to a single band. If an applicant has nominated lots in multiple bands, the lot with the lowest starting price will be the first removed under this subsection, regardless of the band the lot is in.\n\n> Note 2: See subsection (13) for dealing with lots with the same starting price.\n\n  (4) If, after the ACMA removes lots from an applicant’s preference nomination form in accordance with subsection (3), no lots remain, the applicant is taken to have withdrawn its application.\n  (5) The ACMA must tell an applicant in writing if:\n    (a) the applicant has had its preferred lots worked out in accordance with subsection (3); or\n    (b) the applicant is taken to have withdrawn its application under subsection (4).\n  (6) A deed of financial security must be executed by an Australian-owned authorised deposit-taking institution (as defined in the Banking Act 1959) which is a bank.\n  (7) If a deed of financial security is executed by a person acting under a power of attorney for a body corporate, the applicant must give the ACMA a copy of the power of attorney with the deed.\n  (8) If a deed of financial security is given to the ACMA by email or fax before the application deadline, the original deed must be received by the ACMA no later than 3 working days after the application deadline (or, if the ACMA agrees to a later time, the agreed time) for the deed to be taken to have been given to the ACMA.\n  (9) An applicant is taken to have withdrawn its application if the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (6).\n  (10) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (9).\n  (11) If:\n    (a) the ACMA removes a lot from an applicant’s preference nomination form in accordance with subsection (3); and\n    (b) the applicant has given the ACMA a revised preference nomination form under section 32; and\n    (c) the lot is included in the revised preference nomination form; and\n    (d) the lots nominated in the revised preference nomination form are the applicant’s preferred lots;\n  the lot is taken to be removed from the applicant’s revised preference nomination form.\n  (12) The ACMA must tell an applicant in writing if a lot is taken to be removed from a revised preference nomination form under subsection (11).\n  (13) For the purposes of subsection (3), if:\n    (a) two or more lots in a preference nomination form have the same starting price;\n    (b) no other lot remaining in the preference nomination form has a lower starting price;\n  the ACMA may select any of those lots to be the lot with the lowest starting price.\n\n#### Division 5—Other matters\n\n#### 34 Bid increment percentage\n\n  After the application deadline, the ACMA must set a bid increment percentage for each lot as a percentage of the starting price for the lot in the first round, and of the specified price for the lot in any other round.\n\n> Note: The auction manager may vary the percentage set under section 34 – see clause 6 of Schedule 1.\n\n#### 35 Withdrawal of application\n\n  (1) An applicant may withdraw its application before the application deadline, by giving the ACMA notice in writing.\n  (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another section of this instrument, has paid a deposit under section 29 or in accordance with section 33, the ACMA must refund the deposit in accordance with subsection 64(4).\n  (3) Subsection (2) is subject to sections 81 and 84.\n  (4) An applicant may not withdraw its application after the application deadline.\n  (5) An applicant must not be re-admitted to the allocation process after withdrawing its application.","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Making an application","content":"#### 29 Making an application\n\n  (1) A person may apply to become registered as a bidder in the auction by:\n    (a) giving the ACMA a completed application form; and\n    (b) giving the ACMA a deed of acknowledgement; and\n    (c) giving the ACMA a deed of confidentiality executed by the applicant; and\n    (d) giving the ACMA a completed preference nomination form; and\n    (e) paying the application fee; and\n    (f) doing one of the following:\n    (i) paying a deposit of an amount to the ACMA on behalf of the Commonwealth; or\n    (ii) giving the ACMA on behalf of the Commonwealth a deed of financial security, for an amount; or\n    (iii) paying a deposit of part of an amount and giving a deed of financial security for the remainder; and\n    (g) if:\n    (i) the applicant has nominated one or more 1800 MHz lots in its preference nomination form; and\n    (ii) the applicant is not an existing 1800 MHz licensee;\n    giving the ACMA a statutory declaration stating whether the applicant is affiliated with an existing 1800 MHz licensee;\n    before the application deadline.\n\n> Note 1: For information on how the application fee must be paid, see section 7.\n\n> Note 2: For information on how a deposit is paid, see section 7. For information on how a deed of financial security is given, see section 6 and subsection 33(8).\n\n  (2) An applicant may give the ACMA an updated document for paragraphs (1)(a) to (d), or subparagraphs (1)(f)(ii) or (iii), at any time until the application deadline, but not after the deadline.\n  (3) An applicant may give the ACMA an updated document for paragraph (1)(g) at any time.\n  (4) For paragraph (1)(f), amount, in relation to a person, has the meaning given by subsection 33(1).","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Applicants to notify ACMA if application information incorrect","content":"#### 30 Applicants to notify ACMA if application information incorrect\n\n  If an applicant knows that any of the information in the application is incorrect, or has become incorrect, the applicant must immediately give the ACMA the correct information.","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Preferred lots","content":"#### 31 Preferred lots\n\n  (1) Subject to this section and sections 32 and 33, an applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the completed preference nomination form.\n  (2) Subject to this section and sections 32 and 33, an applicant may nominate one or more lots as its preferred lots.\n  (3) An existing 1800 MHz licensee must not nominate a lot, or a combination of lots, if the aggregate of:\n    (a) the lot size of that lot, or of that combination of lots; and\n    (b) the part of the spectrum that the licensee, or the specified group of persons for the 1800 MHz band that includes the licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits.\n  (4) If an applicant:\n    (a) must not nominate a lot, or a combination of lots, under subsection (3); and\n    (b) purports to nominate that lot, or that combination of lots;\n    the applicant is taken not to have nominated the lot, or the combination of lots, and the ACMA must tell an applicant in writing that it is taken not to have nominated the lot or lots.","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"Procedure if applicant affiliated with existing 1800 MHz licensee","content":"#### 32 Procedure if applicant affiliated with existing 1800 MHz licensee\n\n  (1) If:\n    (a) in a statutory declaration given under section 29 an applicant (the affiliated applicant) has stated that it is affiliated with an existing 1800 MHz licensee; and\n    (b) the affiliated applicant has nominated, in a preference nomination form, one or more 1800 MHz lots (the nominated lots) as its preferred lots; and\n    (c) the aggregate of:\n    (i) the lot size of one or more of the nominated lots; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n    the ACMA must, in writing, notify the affiliated applicant that:\n    (d) the applicant is affiliated with the existing 1800 MHz licensee; and\n    (e) if the affiliated applicant were to be the winning bidder for one or more 1800 MHz lots, the 1800 MHz allocation limits would be exceeded; and\n    (f) to participate in stage 1 of the auction, in relation to the 1800 MHz lots, the affiliated applicant must give the ACMA a new preference nomination form.\n\n> Note: This section applies whether or not the existing 1800 MHz licensee is an applicant.\n\n  (2) Within 5 working days of the ACMA notifying the affiliated applicant under subsection (1), the applicant must give the ACMA a new preference nomination form (revised preference nomination form).\n  (3) If an affiliated applicant does not comply with subsection (2), the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (4) If:\n    (a) the affiliated applicant complies with subsection (2); and\n    (b) the aggregate of:\n    (i) the lot size of one or more of the lots nominated by the affiliated applicant in the revised preference nomination form; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n  the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (5) The ACMA must tell an applicant in writing if, under subsection (3) or (4), it is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (6) Subject to subsections (3) and (4), if an affiliated applicant complies with subsection (2), the applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the revised preference nomination form.\n\n> Note 1: An applicant’s ability to nominate preferred lots in the auction may be restricted as a result of the application of the 1800 MHz allocation limits to the lots to be auctioned under this instrument and the spectrum licences held by existing 1800 MHz licensees.\n\n> Note 2: An applicant’s preferred lots may also be affected by section 33.","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"Amount of deposit or deed of financial security required","content":"#### 33 Amount of deposit or deed of financial security required\n\n  (1) For the purposes of paragraph 29(1)(f), the amount required, in relation to an applicant, is 10 percent of the sum of the starting prices of each of the applicant’s preferred lots nominated in the preference nomination form.\n\n> Note: If an applicant gives the ACMA a revised preference nomination form under section 32, the amount required does not increase or decrease proportionally to any change in the sum of the starting prices of the applicant’s preferred lots.\n\n  (2) If an applicant pays a deposit or gives a deed of financial security (or both) for an amount less than the amount under subsection (1), the ACMA must, in writing, notify the applicant that:\n    (a) the applicant has paid a deposit or given a deed of financial security (or both), whichever the case may be, for less than the amount under subsection (1); and\n    (b) the applicant must, before the application deadline or no later than 3 working days after the date of the notice (whichever is the later), pay a deposit or give a deed of financial security (or both) for the remainder of the amount under subsection (1).\n  (3) If the applicant does not comply with the notice given under subsection (2), the applicant’s preferred lots are to be worked out by the ACMA removing from the applicant’s preference nomination form the lot or lots with the lowest starting price until the remaining preferred lots result in an amount under subsection (1) that is equal to, or less than, the deposit paid or the deed of financial security given (or both).\n\n> Note 1: The removal of lots is not specific or confined to a single band. If an applicant has nominated lots in multiple bands, the lot with the lowest starting price will be the first removed under this subsection, regardless of the band the lot is in.\n\n> Note 2: See subsection (13) for dealing with lots with the same starting price.\n\n  (4) If, after the ACMA removes lots from an applicant’s preference nomination form in accordance with subsection (3), no lots remain, the applicant is taken to have withdrawn its application.\n  (5) The ACMA must tell an applicant in writing if:\n    (a) the applicant has had its preferred lots worked out in accordance with subsection (3); or\n    (b) the applicant is taken to have withdrawn its application under subsection (4).\n  (6) A deed of financial security must be executed by an Australian-owned authorised deposit-taking institution (as defined in the Banking Act 1959) which is a bank.\n  (7) If a deed of financial security is executed by a person acting under a power of attorney for a body corporate, the applicant must give the ACMA a copy of the power of attorney with the deed.\n  (8) If a deed of financial security is given to the ACMA by email or fax before the application deadline, the original deed must be received by the ACMA no later than 3 working days after the application deadline (or, if the ACMA agrees to a later time, the agreed time) for the deed to be taken to have been given to the ACMA.\n  (9) An applicant is taken to have withdrawn its application if the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (6).\n  (10) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (9).\n  (11) If:\n    (a) the ACMA removes a lot from an applicant’s preference nomination form in accordance with subsection (3); and\n    (b) the applicant has given the ACMA a revised preference nomination form under section 32; and\n    (c) the lot is included in the revised preference nomination form; and\n    (d) the lots nominated in the revised preference nomination form are the applicant’s preferred lots;\n  the lot is taken to be removed from the applicant’s revised preference nomination form.\n  (12) The ACMA must tell an applicant in writing if a lot is taken to be removed from a revised preference nomination form under subsection (11).\n  (13) For the purposes of subsection (3), if:\n    (a) two or more lots in a preference nomination form have the same starting price;\n    (b) no other lot remaining in the preference nomination form has a lower starting price;\n  the ACMA may select any of those lots to be the lot with the lowest starting price.","sortOrder":40},{"sectionNumber":"Division 5","sectionType":"section","heading":"Other matters","content":"#### Part 4—Procedures before auction or allocation for a pre-determined price\n\n#### Division 1—Simplified outline\n\n#### 22 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken before conducting the auction or allocating spectrum licences for a pre-determined price.\n\nThe ACMA must make decisions in relation to the allocation process, including setting deadlines by which persons wishing to participate in the allocation process must give the ACMA completed forms and information. The ACMA must also advertise the auction and prepare an applicant information package.\n\nPersons wishing to participate in the allocation process must complete forms, deeds and declarations, and give them to the ACMA by the relevant deadlines. Some of the forms and declarations will contain information about the associates of the person. The ACMA will use this information to work out whether any applicants are affiliated with each other, or with the holder of a spectrum licence, for the purpose of the 1800 MHz allocation limits. If there are such affiliations, this may have consequences for the applicant’s ability to participate in the allocation process in relation to the 1800 MHz lots.\n\nThis Part also requires those applicants who are able to participate in the allocation process to pay a deposit, or provide a deed of financial security, in relation to the lots on which those applicants wish to bid.\n\n#### Division 2—Preliminary\n\n#### 23 Auction manager\n\n  The ACMA must, in writing, appoint:\n    (a) a member, within the meaning of the Australian Communications and Media Authority Act 2005; or\n    (b) a member of the ACMA staff; or\n    (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;\n  to manage the auction.\n\n#### 24 Setting application fee\n\n  Before the ACMA publishes a notice inviting applications for the auction, it must, in writing, set the amount of the application fee.\n\n#### 25 Application fee not refundable\n\n  An application fee paid under this instrument is not refundable in any circumstances, including if an applicant withdraws or is taken to withdraw from the auction, or is not permitted to make a bid on a lot in the auction.\n\n#### 26 Starting prices\n\n  The ACMA must set a starting price for each lot.\n\n#### Division 3—Advertising the auction\n\n#### 27 Advertising of auction by ACMA\n\n  (1) The ACMA must publish on its website a notice that:\n    (a) describes the parts of the spectrum to be auctioned; and\n    (b) gives a brief description of the way the auction will be conducted; and\n    (c) states that the auction will be conducted in accordance with this instrument; and\n    (d) states that the ACMA may conclude that it can allocate a spectrum licence or licences for lots at a pre-determined price without having to conduct an auction; and\n    (e) invites persons to apply to the ACMA to take part in the auction; and\n    (f) states the date and time (the application deadline) before which:\n    (i) completed application forms must be received by the ACMA; and\n    (ii) the application fee must be paid to the ACMA on behalf of the Commonwealth; and\n    (iii) completed preference nomination forms must be received by the ACMA; and\n    (iv) deposits must be paid to the ACMA on behalf of the Commonwealth or deeds of financial security must be given to the ACMA on behalf of the Commonwealth; and\n    (g) states that applications may not be withdrawn after the application deadline; and\n    (h) states that the applicant information package can be obtained from the ACMA’s website at the electronic address given in the notice.\n  (2) If a matter mentioned in the notice changes, the ACMA must publish another notice giving details of the change on its website.\n  (3) The ACMA may publish the information required by subsections (1) and (2) by additional methods, and may publish other information about the auction by any method.\n\n#### 28 Applicant information package\n\n  (1) The applicant information package must contain the following documents and information:\n    (a) the 1800 MHz re-allocation declaration;\n    (b) the 2 GHz and 3.4 GHz designation notice;\n    (c) the 2.3 GHz designation notice;\n    (d) the 1800 MHz marketing plan;\n    (e) the 2 GHz marketing plan;\n    (f) the 2.3 GHz marketing plan;\n    (g) the 3.4 GHz marketing plan;\n    (h) this instrument;\n    (i) the 1800 MHz allocation limits direction;\n    (j) a guide to the auction;\n    (k) a statement that the ACMA may offer to allocate spectrum licences for lots for a pre-determined price, including under Schedule 4;\n    (l) an application form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (m) a preference nomination form approved by the ACMA, with instructions for completing and giving the form to the ACMA;\n    (n) the starting price for each lot;\n    (o) a deed of financial security form approved by the ACMA;\n    (p) information about providing a deed of financial security as an alternative to a deposit;\n    (q) a deed of acknowledgment form approved by the ACMA, that includes a statement to the effect that an applicant understands and agrees to be bound by the provisions of this instrument;\n    (r) a deed of confidentiality form approved by the ACMA, that includes a statement that an applicant (or related person of an applicant) agrees not to disclose confidential information before section 17 ceases to apply to the relevant applicant or the related person;\n    (s) statutory declaration forms for the purposes of this instrument;\n    (t) the amount of the application fee for the auction;\n    (u) the application deadline;\n    (v) the physical address for giving documents to the ACMA;\n    (w) the email address for giving documents to the ACMA;\n    (x) the fax number for giving documents to the ACMA.\n\n> Note: An application form approved for paragraph (l) may require an applicant that has nominated a 1800 MHz lot as one of its preferred lots to provide details about the associates of the applicant.\n\n  (2) The applicant information package may also contain other information about the allocation process.\n  (3) The applicant information package must be published on the ACMA’s website.\n  (4) If the ACMA makes any change to the contents of the applicant information package after it is published, the ACMA must publish a notice giving details of the change on its website.\n\n#### Division 4—Application to participate in auction\n\n#### 29 Making an application\n\n  (1) A person may apply to become registered as a bidder in the auction by:\n    (a) giving the ACMA a completed application form; and\n    (b) giving the ACMA a deed of acknowledgement; and\n    (c) giving the ACMA a deed of confidentiality executed by the applicant; and\n    (d) giving the ACMA a completed preference nomination form; and\n    (e) paying the application fee; and\n    (f) doing one of the following:\n    (i) paying a deposit of an amount to the ACMA on behalf of the Commonwealth; or\n    (ii) giving the ACMA on behalf of the Commonwealth a deed of financial security, for an amount; or\n    (iii) paying a deposit of part of an amount and giving a deed of financial security for the remainder; and\n    (g) if:\n    (i) the applicant has nominated one or more 1800 MHz lots in its preference nomination form; and\n    (ii) the applicant is not an existing 1800 MHz licensee;\n    giving the ACMA a statutory declaration stating whether the applicant is affiliated with an existing 1800 MHz licensee;\n    before the application deadline.\n\n> Note 1: For information on how the application fee must be paid, see section 7.\n\n> Note 2: For information on how a deposit is paid, see section 7. For information on how a deed of financial security is given, see section 6 and subsection 33(8).\n\n  (2) An applicant may give the ACMA an updated document for paragraphs (1)(a) to (d), or subparagraphs (1)(f)(ii) or (iii), at any time until the application deadline, but not after the deadline.\n  (3) An applicant may give the ACMA an updated document for paragraph (1)(g) at any time.\n  (4) For paragraph (1)(f), amount, in relation to a person, has the meaning given by subsection 33(1).\n\n#### 30 Applicants to notify ACMA if application information incorrect\n\n  If an applicant knows that any of the information in the application is incorrect, or has become incorrect, the applicant must immediately give the ACMA the correct information.\n\n#### 31 Preferred lots\n\n  (1) Subject to this section and sections 32 and 33, an applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the completed preference nomination form.\n  (2) Subject to this section and sections 32 and 33, an applicant may nominate one or more lots as its preferred lots.\n  (3) An existing 1800 MHz licensee must not nominate a lot, or a combination of lots, if the aggregate of:\n    (a) the lot size of that lot, or of that combination of lots; and\n    (b) the part of the spectrum that the licensee, or the specified group of persons for the 1800 MHz band that includes the licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits.\n  (4) If an applicant:\n    (a) must not nominate a lot, or a combination of lots, under subsection (3); and\n    (b) purports to nominate that lot, or that combination of lots;\n    the applicant is taken not to have nominated the lot, or the combination of lots, and the ACMA must tell an applicant in writing that it is taken not to have nominated the lot or lots.\n\n#### 32 Procedure if applicant affiliated with existing 1800 MHz licensee\n\n  (1) If:\n    (a) in a statutory declaration given under section 29 an applicant (the affiliated applicant) has stated that it is affiliated with an existing 1800 MHz licensee; and\n    (b) the affiliated applicant has nominated, in a preference nomination form, one or more 1800 MHz lots (the nominated lots) as its preferred lots; and\n    (c) the aggregate of:\n    (i) the lot size of one or more of the nominated lots; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n    the ACMA must, in writing, notify the affiliated applicant that:\n    (d) the applicant is affiliated with the existing 1800 MHz licensee; and\n    (e) if the affiliated applicant were to be the winning bidder for one or more 1800 MHz lots, the 1800 MHz allocation limits would be exceeded; and\n    (f) to participate in stage 1 of the auction, in relation to the 1800 MHz lots, the affiliated applicant must give the ACMA a new preference nomination form.\n\n> Note: This section applies whether or not the existing 1800 MHz licensee is an applicant.\n\n  (2) Within 5 working days of the ACMA notifying the affiliated applicant under subsection (1), the applicant must give the ACMA a new preference nomination form (revised preference nomination form).\n  (3) If an affiliated applicant does not comply with subsection (2), the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (4) If:\n    (a) the affiliated applicant complies with subsection (2); and\n    (b) the aggregate of:\n    (i) the lot size of one or more of the lots nominated by the affiliated applicant in the revised preference nomination form; and\n    (ii) the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the affiliated applicant and the existing 1800 MHz licensee, may use in the 1800 MHz band;\n    exceeds the 1800 MHz allocation limits;\n  the affiliated applicant is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (5) The ACMA must tell an applicant in writing if, under subsection (3) or (4), it is taken not to have nominated any 1800 MHz lots as its preferred lots.\n  (6) Subject to subsections (3) and (4), if an affiliated applicant complies with subsection (2), the applicant’s preferred lots are the lots nominated as the applicant’s preferred lots in the revised preference nomination form.\n\n> Note 1: An applicant’s ability to nominate preferred lots in the auction may be restricted as a result of the application of the 1800 MHz allocation limits to the lots to be auctioned under this instrument and the spectrum licences held by existing 1800 MHz licensees.\n\n> Note 2: An applicant’s preferred lots may also be affected by section 33.\n\n#### 33 Amount of deposit or deed of financial security required\n\n  (1) For the purposes of paragraph 29(1)(f), the amount required, in relation to an applicant, is 10 percent of the sum of the starting prices of each of the applicant’s preferred lots nominated in the preference nomination form.\n\n> Note: If an applicant gives the ACMA a revised preference nomination form under section 32, the amount required does not increase or decrease proportionally to any change in the sum of the starting prices of the applicant’s preferred lots.\n\n  (2) If an applicant pays a deposit or gives a deed of financial security (or both) for an amount less than the amount under subsection (1), the ACMA must, in writing, notify the applicant that:\n    (a) the applicant has paid a deposit or given a deed of financial security (or both), whichever the case may be, for less than the amount under subsection (1); and\n    (b) the applicant must, before the application deadline or no later than 3 working days after the date of the notice (whichever is the later), pay a deposit or give a deed of financial security (or both) for the remainder of the amount under subsection (1).\n  (3) If the applicant does not comply with the notice given under subsection (2), the applicant’s preferred lots are to be worked out by the ACMA removing from the applicant’s preference nomination form the lot or lots with the lowest starting price until the remaining preferred lots result in an amount under subsection (1) that is equal to, or less than, the deposit paid or the deed of financial security given (or both).\n\n> Note 1: The removal of lots is not specific or confined to a single band. If an applicant has nominated lots in multiple bands, the lot with the lowest starting price will be the first removed under this subsection, regardless of the band the lot is in.\n\n> Note 2: See subsection (13) for dealing with lots with the same starting price.\n\n  (4) If, after the ACMA removes lots from an applicant’s preference nomination form in accordance with subsection (3), no lots remain, the applicant is taken to have withdrawn its application.\n  (5) The ACMA must tell an applicant in writing if:\n    (a) the applicant has had its preferred lots worked out in accordance with subsection (3); or\n    (b) the applicant is taken to have withdrawn its application under subsection (4).\n  (6) A deed of financial security must be executed by an Australian-owned authorised deposit-taking institution (as defined in the Banking Act 1959) which is a bank.\n  (7) If a deed of financial security is executed by a person acting under a power of attorney for a body corporate, the applicant must give the ACMA a copy of the power of attorney with the deed.\n  (8) If a deed of financial security is given to the ACMA by email or fax before the application deadline, the original deed must be received by the ACMA no later than 3 working days after the application deadline (or, if the ACMA agrees to a later time, the agreed time) for the deed to be taken to have been given to the ACMA.\n  (9) An applicant is taken to have withdrawn its application if the ACMA is not satisfied that the person executing a deed of financial security is a person mentioned in subsection (6).\n  (10) The ACMA must tell an applicant in writing if it is taken to have withdrawn its application under subsection (9).\n  (11) If:\n    (a) the ACMA removes a lot from an applicant’s preference nomination form in accordance with subsection (3); and\n    (b) the applicant has given the ACMA a revised preference nomination form under section 32; and\n    (c) the lot is included in the revised preference nomination form; and\n    (d) the lots nominated in the revised preference nomination form are the applicant’s preferred lots;\n  the lot is taken to be removed from the applicant’s revised preference nomination form.\n  (12) The ACMA must tell an applicant in writing if a lot is taken to be removed from a revised preference nomination form under subsection (11).\n  (13) For the purposes of subsection (3), if:\n    (a) two or more lots in a preference nomination form have the same starting price;\n    (b) no other lot remaining in the preference nomination form has a lower starting price;\n  the ACMA may select any of those lots to be the lot with the lowest starting price.\n\n#### Division 5—Other matters\n\n#### 34 Bid increment percentage\n\n  After the application deadline, the ACMA must set a bid increment percentage for each lot as a percentage of the starting price for the lot in the first round, and of the specified price for the lot in any other round.\n\n> Note: The auction manager may vary the percentage set under section 34 – see clause 6 of Schedule 1.\n\n#### 35 Withdrawal of application\n\n  (1) An applicant may withdraw its application before the application deadline, by giving the ACMA notice in writing.\n  (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another section of this instrument, has paid a deposit under section 29 or in accordance with section 33, the ACMA must refund the deposit in accordance with subsection 64(4).\n  (3) Subsection (2) is subject to sections 81 and 84.\n  (4) An applicant may not withdraw its application after the application deadline.\n  (5) An applicant must not be re-admitted to the allocation process after withdrawing its application.","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Bid increment percentage","content":"#### 34 Bid increment percentage\n\n  After the application deadline, the ACMA must set a bid increment percentage for each lot as a percentage of the starting price for the lot in the first round, and of the specified price for the lot in any other round.\n\n> Note: The auction manager may vary the percentage set under section 34 – see clause 6 of Schedule 1.","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Withdrawal of application","content":"#### 35 Withdrawal of application\n\n  (1) An applicant may withdraw its application before the application deadline, by giving the ACMA notice in writing.\n  (2) If an applicant who withdraws its application under subsection (1), or who is taken to have withdrawn its application under another section of this instrument, has paid a deposit under section 29 or in accordance with section 33, the ACMA must refund the deposit in accordance with subsection 64(4).\n  (3) Subsection (2) is subject to sections 81 and 84.\n  (4) An applicant may not withdraw its application after the application deadline.\n  (5) An applicant must not be re-admitted to the allocation process after withdrawing its application.","sortOrder":43},{"sectionNumber":"Part 5","sectionType":"section","heading":"Allocation for a pre-determined price","content":"#### Part 5—Allocation for a pre-determined price\n\n#### 36 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken if, for a lot, there is only one applicant that has nominated the lot as one of its preferred lots.\n\nIn these circumstances, the ACMA will offer to allocate a spectrum licence for the lot to that applicant. An applicant who accepts the offer must pay the balance of the pre-determined price for the lot (the starting price, less any deposit paid) before the applicant is entitled to be issued the licence.\n\n#### 37 Allocation for a pre-determined price without an auction\n\n  (1) If, before the auction manager sets the start date and time for the first and second rounds of the auction under section 56, the ACMA is satisfied that, for a lot, there is only one applicant that has nominated the lot as one of its preferred lots, the ACMA may offer to allocate the spectrum licence for the lot for a pre-determined price, as set out in this Part.\n  (2) An offer of a spectrum licence is conditional on payment of the pre-determined price.\n\n> Note: See sections 40, 41 and 44.\n\n#### 38 ACMA must have regard to applicants’ requirements\n\n  In deciding under subsection 37(1) whether it is satisfied that, for a lot, there is only one applicant that has nominated the lot as one of its preferred lots, and in identifying lots for the purposes of that subsection, the ACMA must only have regard to:\n    (a) each applicant’s preferred lots; and\n    (b) such other information about an applicant’s preferred lots that the applicant may provide to the ACMA.\n\n> Note 1: The 1800 MHz allocation limits may affect the lots an applicant may have included in a licence.\n\n> Note 2: The amount of the deposit paid or deed of financial security given (or both) may affect an applicant’s preferred lots.\n\n#### 39 The pre-determined price\n\n  (1) The pre-determined price for a spectrum licence is worked out as follows:\n    (a) identify each lot to be included in the spectrum licence;\n    (b) add up the starting prices for each of those lots.\n\n> Note: The starting price is set by the ACMA under section 26.\n\n  (2) The balance of the pre-determined price for a spectrum licence is the pre-determined price less the amount of any deposit paid by the applicant.\n\n#### 40 Offer of spectrum licence – licences for lots other than the 1800 MHz lots\n\n  (1) This section applies to each lot other than a 1800 MHz lot.\n  (2) If the ACMA is satisfied under subsection 37(1) that, for a lot or a combination of lots, there is only one applicant that has nominated the lot, or each of the lots in the combination, as one of its preferred lots, the ACMA may offer the applicant a spectrum licence for that lots or those lots.\n  (3) The ACMA must send the applicant, by registered mail:\n    (a) a draft of the spectrum licence; and\n    (b) a notice stating:\n    (i) that the applicant is offered a spectrum licence for the lots to be included in that licence; and\n    (ii) the amount of the pre-determined price for the licence offered to the applicant; and\n    (iii) the amount of any deposit paid by the applicant and held by the ACMA on behalf of the Commonwealth; and\n    (iv) the balance of the pre-determined price.\n  (4) An applicant may accept the ACMA’s offer by notifying the ACMA in writing within 10 working days of receiving the offer and agreeing, in writing, to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44.\n  (5) If an applicant accepts the offer of the spectrum licence and agrees to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44, the applicant is entitled to be issued the spectrum licence offered to it on payment of the balance of the pre-determined price in accordance with section 44.\n\n> Note 1: If an applicant does not accept the offer of a spectrum licence, section 45 applies.\n\n> Note 2: For the issue of spectrum licences, see section 62 of the Act.\n\n#### 41 Offer of spectrum licence – licences for 1800 MHz lots\n\n  (1) This section applies to each 1800 MHz lot.\n  (2) If the ACMA is satisfied under subsection 37(1) that, for a lot or a combination of lots, there is only one applicant that has nominated the lot, or each of the lots in the combination, as one of its preferred lots, the ACMA may offer the applicant a spectrum licence for that lots or those lots.\n  (3) Before the ACMA offers the applicant a spectrum licence for the lots to be included in that licence, the ACMA must, by written notice given to the applicant:\n    (a) state the identity of each other applicant that has been, or will be, given a notice under this subsection and the associates of those applicants;\n    (b) request the following details about each associate of the applicant:\n    (i) the associate’s name;\n    (ii) the associate’s ABN, ACN and ARBN, if any;\n    (iii) the associate’s address or registered office; and\n    (iv) the nature of the associate’s association with the applicant;\n    (c) request that the applicant give the ACMA a statement whether the applicant is an affiliate of:\n    (i) an existing 1800 MHz licensee and, if so, identifying the existing 1800 MHz licensee and giving details of the affiliation; or\n    (ii) another applicant that has been or will be, given a notice under this subsection and, if so, identifying the other applicant and giving details of the affiliation.\n\n> Note 1: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.\n\n> Note 2: Section 136.1 of the Criminal Code also makes it an offence to make a false or misleading statement in connection with an application for a spectrum licence.\n\n  (4) If:\n    (a) an applicant receives a notice under subsection (3); and\n    (b) the applicant does not:\n    (i) give the ACMA the details requested in accordance with paragraph (3)(b); or\n    (ii) give the ACMA the statement requested in accordance with paragraph (3)(c);\n    within 5 working days, or such longer time as determined by the ACMA, of receiving the notice;\n  the ACMA must not offer a spectrum licence to the applicant under this section.\n\n> Note: This subsection does not affect the ability of the applicant to participate in an auction.\n\n  (5) If:\n    (a) an applicant receives a notice under subsection (3); and\n    (b) subsection (4) does not apply in relation to the applicant; and\n    (c) the ACMA is satisfied that the aggregate of:\n    (i) the lot size of the lots, to be included in the spectrum licence mentioned in subsection (2); and\n    (ii) the part or parts of the spectrum that the applicant, or the specified group of persons that includes the applicant, may use in the 1800 MHz band;\n    does not exceed the 1800 MHz allocation limits;\n  the ACMA must send the applicant, by registered mail:\n    (d) a draft of the spectrum licence; and\n    (e) a notice stating:\n    (i) that the applicant is offered a spectrum licence for the lots to be included in that licence; and\n    (ii) the amount of the pre-determined price for the licence offered to the applicant; and\n    (iii) the amount of any deposit paid by the applicant and held by the ACMA on behalf of the Commonwealth; and\n    (iv) the balance of the pre-determined price.\n  (6) An applicant may accept the ACMA’s offer by notifying the ACMA in writing within 10 working days of receiving the offer and agreeing, in writing, to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44.\n  (7) If an applicant accepts the offer of the spectrum licence and agrees to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44, the applicant is entitled to be issued the spectrum licence offered to it on payment of the balance of the pre-determined price in accordance with section 44.\n\n> Note 1: If an applicant does not accept the offer of a spectrum licence, section 45 applies.\n\n> Note 2: For the issue of spectrum licences, see section 62 of the Act.\n\n#### 42 Offer of reduced spectrum licence – licences for 1800 MHz lots\n\n  (1) This section applies in relation to an applicant if:\n    (a) the applicant receives a notice under subsection 41(3); and\n    (b) subsection 41(4) does not apply in relation to the applicant; and\n    (c) subsection 41(5) does not apply to the applicant.\n\n> Note: If an applicant is the only applicant that nominated a combination of 1800 MHz lots as its preferred lots, but issuing a spectrum licence for some or all of those lots to the applicant would exceed the 1800 MHz allocation limits, this section applies to the applicant.\n\n  (2) The ACMA must identify, in relation to the combination of 1800 MHz lots mentioned in subsection 41(2) for the applicant (the total lots), each lot where the aggregate of:\n    (a) the lot size of the lot; and\n    (b) the part or parts of the spectrum that the applicant, or the specified group of persons that includes the applicant, may use in the 1800 MHz band;\n  does not exceed the 1800 MHz allocation limits.\n  (3) If no total lot can be identified under subsection (2), section 43 applies in relation to the applicant.\n  (4) If the ACMA identifies one or more total lots under subsection (2), the ACMA must send the applicant, by registered mail:\n    (a) a draft spectrum licence for those lots; and\n    (b) a notice stating:\n    (i) that the applicant is offered a spectrum licence for the lots to be included in that licence; and\n    (ii) the amount of the pre-determined price for the licence offered to the applicant; and\n    (iii) the amount of any deposit paid by the applicant and held by the ACMA on behalf of the Commonwealth; and\n    (iv) the balance of the pre-determined price.\n  (5) An applicant may accept the ACMA’s offer by notifying the ACMA in writing within 10 working days of receiving the offer and agreeing, in writing, to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44.\n  (6) If an applicant accepts the offer of the spectrum licence and agrees to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44, the applicant is entitled to be issued the spectrum licence offered to it on payment of the balance of the pre-determined price in accordance with section 44.\n\n> Note 1: If an applicant does not accept the offer of a spectrum licence, section 45 applies.\n\n> Note 2: For the issue of spectrum licences, see section 62 of the Act.\n\n  (7) Section 76 applies to a total lot that is not identified under subsection (2).\n\n#### 43 No offer of a spectrum licence – licences for 1800 MHz lots\n\n  If this section applies in relation to an applicant:\n    (a) the ACMA must notify the applicant, in writing, that if the applicant were to be issued a spectrum licence for any of the 1800 MHz lots it has nominated as its preferred lots, the 1800 MHz allocation limits would be exceeded; and\n    (b) the ACMA must not offer the applicant a spectrum licence for one or more 1800 MHz lots under this Part; and\n    (c) the allocation of spectrum licences to other applicants under this instrument is not affected.\n\n#### 44 Payment of the balance of the pre-determined price\n\n  (1) If an applicant accepts the offer of a spectrum licence and agrees to pay the balance of the pre-determined price for the licence, the ACMA must notify the applicant by registered mail that the ACMA has received the applicant’s acceptance.\n  (2) The balance of the pre-determined price for a spectrum licence is payable no later than 10 working days after the date the applicant is notified under subsection (1).\n\n> Note: For information on how the balance of the pre-determined price is paid, see section 7.\n\n#### 45 Allocation if offer refused\n\n  If an applicant does not accept, in accordance with subsection 40(4), subsection 41(6) or subsection 42(5), section 76 applies to a lot that would have been included in the spectrum licence.\n\n#### 46 Default\n\n  If an applicant:\n    (a) accepts the offer of a spectrum licence and agrees to pay the balance of the pre-determined price for the licence in accordance with subsection 40(4), subsection 41(6) or subsection 42(5); and\n    (b) does not pay the balance of the pre-determined price for the licence in accordance with section 44;\n    then:\n    (c) the spectrum licence is not allocated to the applicant; and\n    (d) the allocation of spectrum licences under this instrument to other applicants is not affected; and\n    (e) section 76 applies to each lot that, but for this section, would have been included in a spectrum licence allocated to the applicant.\n\n> Note: See section 86, in relation to the rights of the ACMA and the Commonwealth.\n\n#### 47 Publication of results\n\n  The ACMA must announce or publish the following information about the allocation process after the ACMA has notified all relevant applicants under subsection 44(1):\n    (a) the names of the persons to whom spectrum licences are to be issued;\n    (b) the spectrum allocated to each person;\n    (c) the pre-determined price for each spectrum licence to be issued to each person.","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 36 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken if, for a lot, there is only one applicant that has nominated the lot as one of its preferred lots.\n\nIn these circumstances, the ACMA will offer to allocate a spectrum licence for the lot to that applicant. An applicant who accepts the offer must pay the balance of the pre-determined price for the lot (the starting price, less any deposit paid) before the applicant is entitled to be issued the licence.","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Allocation for a pre-determined price without an auction","content":"#### 37 Allocation for a pre-determined price without an auction\n\n  (1) If, before the auction manager sets the start date and time for the first and second rounds of the auction under section 56, the ACMA is satisfied that, for a lot, there is only one applicant that has nominated the lot as one of its preferred lots, the ACMA may offer to allocate the spectrum licence for the lot for a pre-determined price, as set out in this Part.\n  (2) An offer of a spectrum licence is conditional on payment of the pre-determined price.\n\n> Note: See sections 40, 41 and 44.","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"ACMA must have regard to applicants’ requirements","content":"#### 38 ACMA must have regard to applicants’ requirements\n\n  In deciding under subsection 37(1) whether it is satisfied that, for a lot, there is only one applicant that has nominated the lot as one of its preferred lots, and in identifying lots for the purposes of that subsection, the ACMA must only have regard to:\n    (a) each applicant’s preferred lots; and\n    (b) such other information about an applicant’s preferred lots that the applicant may provide to the ACMA.\n\n> Note 1: The 1800 MHz allocation limits may affect the lots an applicant may have included in a licence.\n\n> Note 2: The amount of the deposit paid or deed of financial security given (or both) may affect an applicant’s preferred lots.","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"The pre-determined price","content":"#### 39 The pre-determined price\n\n  (1) The pre-determined price for a spectrum licence is worked out as follows:\n    (a) identify each lot to be included in the spectrum licence;\n    (b) add up the starting prices for each of those lots.\n\n> Note: The starting price is set by the ACMA under section 26.\n\n  (2) The balance of the pre-determined price for a spectrum licence is the pre-determined price less the amount of any deposit paid by the applicant.","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Offer of spectrum licence — licences for lots other than the 1800 MHz lots","content":"#### 40 Offer of spectrum licence – licences for lots other than the 1800 MHz lots\n\n  (1) This section applies to each lot other than a 1800 MHz lot.\n  (2) If the ACMA is satisfied under subsection 37(1) that, for a lot or a combination of lots, there is only one applicant that has nominated the lot, or each of the lots in the combination, as one of its preferred lots, the ACMA may offer the applicant a spectrum licence for that lots or those lots.\n  (3) The ACMA must send the applicant, by registered mail:\n    (a) a draft of the spectrum licence; and\n    (b) a notice stating:\n    (i) that the applicant is offered a spectrum licence for the lots to be included in that licence; and\n    (ii) the amount of the pre-determined price for the licence offered to the applicant; and\n    (iii) the amount of any deposit paid by the applicant and held by the ACMA on behalf of the Commonwealth; and\n    (iv) the balance of the pre-determined price.\n  (4) An applicant may accept the ACMA’s offer by notifying the ACMA in writing within 10 working days of receiving the offer and agreeing, in writing, to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44.\n  (5) If an applicant accepts the offer of the spectrum licence and agrees to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44, the applicant is entitled to be issued the spectrum licence offered to it on payment of the balance of the pre-determined price in accordance with section 44.\n\n> Note 1: If an applicant does not accept the offer of a spectrum licence, section 45 applies.\n\n> Note 2: For the issue of spectrum licences, see section 62 of the Act.","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Offer of spectrum licence — licences for 1800 MHz lots","content":"#### 41 Offer of spectrum licence – licences for 1800 MHz lots\n\n  (1) This section applies to each 1800 MHz lot.\n  (2) If the ACMA is satisfied under subsection 37(1) that, for a lot or a combination of lots, there is only one applicant that has nominated the lot, or each of the lots in the combination, as one of its preferred lots, the ACMA may offer the applicant a spectrum licence for that lots or those lots.\n  (3) Before the ACMA offers the applicant a spectrum licence for the lots to be included in that licence, the ACMA must, by written notice given to the applicant:\n    (a) state the identity of each other applicant that has been, or will be, given a notice under this subsection and the associates of those applicants;\n    (b) request the following details about each associate of the applicant:\n    (i) the associate’s name;\n    (ii) the associate’s ABN, ACN and ARBN, if any;\n    (iii) the associate’s address or registered office; and\n    (iv) the nature of the associate’s association with the applicant;\n    (c) request that the applicant give the ACMA a statement whether the applicant is an affiliate of:\n    (i) an existing 1800 MHz licensee and, if so, identifying the existing 1800 MHz licensee and giving details of the affiliation; or\n    (ii) another applicant that has been or will be, given a notice under this subsection and, if so, identifying the other applicant and giving details of the affiliation.\n\n> Note 1: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.\n\n> Note 2: Section 136.1 of the Criminal Code also makes it an offence to make a false or misleading statement in connection with an application for a spectrum licence.\n\n  (4) If:\n    (a) an applicant receives a notice under subsection (3); and\n    (b) the applicant does not:\n    (i) give the ACMA the details requested in accordance with paragraph (3)(b); or\n    (ii) give the ACMA the statement requested in accordance with paragraph (3)(c);\n    within 5 working days, or such longer time as determined by the ACMA, of receiving the notice;\n  the ACMA must not offer a spectrum licence to the applicant under this section.\n\n> Note: This subsection does not affect the ability of the applicant to participate in an auction.\n\n  (5) If:\n    (a) an applicant receives a notice under subsection (3); and\n    (b) subsection (4) does not apply in relation to the applicant; and\n    (c) the ACMA is satisfied that the aggregate of:\n    (i) the lot size of the lots, to be included in the spectrum licence mentioned in subsection (2); and\n    (ii) the part or parts of the spectrum that the applicant, or the specified group of persons that includes the applicant, may use in the 1800 MHz band;\n    does not exceed the 1800 MHz allocation limits;\n  the ACMA must send the applicant, by registered mail:\n    (d) a draft of the spectrum licence; and\n    (e) a notice stating:\n    (i) that the applicant is offered a spectrum licence for the lots to be included in that licence; and\n    (ii) the amount of the pre-determined price for the licence offered to the applicant; and\n    (iii) the amount of any deposit paid by the applicant and held by the ACMA on behalf of the Commonwealth; and\n    (iv) the balance of the pre-determined price.\n  (6) An applicant may accept the ACMA’s offer by notifying the ACMA in writing within 10 working days of receiving the offer and agreeing, in writing, to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44.\n  (7) If an applicant accepts the offer of the spectrum licence and agrees to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44, the applicant is entitled to be issued the spectrum licence offered to it on payment of the balance of the pre-determined price in accordance with section 44.\n\n> Note 1: If an applicant does not accept the offer of a spectrum licence, section 45 applies.\n\n> Note 2: For the issue of spectrum licences, see section 62 of the Act.","sortOrder":50},{"sectionNumber":"42","sectionType":"section","heading":"Offer of reduced spectrum licence — licences for 1800 MHz lots","content":"#### 42 Offer of reduced spectrum licence – licences for 1800 MHz lots\n\n  (1) This section applies in relation to an applicant if:\n    (a) the applicant receives a notice under subsection 41(3); and\n    (b) subsection 41(4) does not apply in relation to the applicant; and\n    (c) subsection 41(5) does not apply to the applicant.\n\n> Note: If an applicant is the only applicant that nominated a combination of 1800 MHz lots as its preferred lots, but issuing a spectrum licence for some or all of those lots to the applicant would exceed the 1800 MHz allocation limits, this section applies to the applicant.\n\n  (2) The ACMA must identify, in relation to the combination of 1800 MHz lots mentioned in subsection 41(2) for the applicant (the total lots), each lot where the aggregate of:\n    (a) the lot size of the lot; and\n    (b) the part or parts of the spectrum that the applicant, or the specified group of persons that includes the applicant, may use in the 1800 MHz band;\n  does not exceed the 1800 MHz allocation limits.\n  (3) If no total lot can be identified under subsection (2), section 43 applies in relation to the applicant.\n  (4) If the ACMA identifies one or more total lots under subsection (2), the ACMA must send the applicant, by registered mail:\n    (a) a draft spectrum licence for those lots; and\n    (b) a notice stating:\n    (i) that the applicant is offered a spectrum licence for the lots to be included in that licence; and\n    (ii) the amount of the pre-determined price for the licence offered to the applicant; and\n    (iii) the amount of any deposit paid by the applicant and held by the ACMA on behalf of the Commonwealth; and\n    (iv) the balance of the pre-determined price.\n  (5) An applicant may accept the ACMA’s offer by notifying the ACMA in writing within 10 working days of receiving the offer and agreeing, in writing, to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44.\n  (6) If an applicant accepts the offer of the spectrum licence and agrees to pay the balance of the pre-determined price for the spectrum licence in accordance with section 44, the applicant is entitled to be issued the spectrum licence offered to it on payment of the balance of the pre-determined price in accordance with section 44.\n\n> Note 1: If an applicant does not accept the offer of a spectrum licence, section 45 applies.\n\n> Note 2: For the issue of spectrum licences, see section 62 of the Act.\n\n  (7) Section 76 applies to a total lot that is not identified under subsection (2).","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"No offer of a spectrum licence — licences for 1800 MHz lots","content":"#### 43 No offer of a spectrum licence – licences for 1800 MHz lots\n\n  If this section applies in relation to an applicant:\n    (a) the ACMA must notify the applicant, in writing, that if the applicant were to be issued a spectrum licence for any of the 1800 MHz lots it has nominated as its preferred lots, the 1800 MHz allocation limits would be exceeded; and\n    (b) the ACMA must not offer the applicant a spectrum licence for one or more 1800 MHz lots under this Part; and\n    (c) the allocation of spectrum licences to other applicants under this instrument is not affected.","sortOrder":52},{"sectionNumber":"44","sectionType":"section","heading":"Payment of the balance of the pre-determined price","content":"#### 44 Payment of the balance of the pre-determined price\n\n  (1) If an applicant accepts the offer of a spectrum licence and agrees to pay the balance of the pre-determined price for the licence, the ACMA must notify the applicant by registered mail that the ACMA has received the applicant’s acceptance.\n  (2) The balance of the pre-determined price for a spectrum licence is payable no later than 10 working days after the date the applicant is notified under subsection (1).\n\n> Note: For information on how the balance of the pre-determined price is paid, see section 7.","sortOrder":53},{"sectionNumber":"45","sectionType":"section","heading":"Allocation if offer refused","content":"#### 45 Allocation if offer refused\n\n  If an applicant does not accept, in accordance with subsection 40(4), subsection 41(6) or subsection 42(5), section 76 applies to a lot that would have been included in the spectrum licence.","sortOrder":54},{"sectionNumber":"46","sectionType":"section","heading":"Default","content":"#### 46 Default\n\n  If an applicant:\n    (a) accepts the offer of a spectrum licence and agrees to pay the balance of the pre-determined price for the licence in accordance with subsection 40(4), subsection 41(6) or subsection 42(5); and\n    (b) does not pay the balance of the pre-determined price for the licence in accordance with section 44;\n    then:\n    (c) the spectrum licence is not allocated to the applicant; and\n    (d) the allocation of spectrum licences under this instrument to other applicants is not affected; and\n    (e) section 76 applies to each lot that, but for this section, would have been included in a spectrum licence allocated to the applicant.\n\n> Note: See section 86, in relation to the rights of the ACMA and the Commonwealth.","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Publication of results","content":"#### 47 Publication of results\n\n  The ACMA must announce or publish the following information about the allocation process after the ACMA has notified all relevant applicants under subsection 44(1):\n    (a) the names of the persons to whom spectrum licences are to be issued;\n    (b) the spectrum allocated to each person;\n    (c) the pre-determined price for each spectrum licence to be issued to each person.","sortOrder":56},{"sectionNumber":"Part 6","sectionType":"section","heading":"Auction procedures","content":"#### Part 6—Auction procedures\n\n#### Division 1—Simplified outline\n\n#### 48 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken in conducting an auction.\n\nThe ACMA must register eligible applicants as bidders in the auction. The ACMA must also set the commencement of the auction, and give this information to bidders.\n\nThe auction is to be conducted in accordance with the rules in Schedule 1. Bidding is to occur by the auction system made available by the ACMA. However, the auction manager may permit bids to be made by other methods in particular circumstances, and may also allow bids to be made outside rounds in particular circumstances. The auction manager may also restart, cancel or take other specified action in relation to the auction in exceptional circumstances.\n\nDuring the auction, bidders for a 1800 MHz lot must report any affiliations with each other, or with an existing 1800 MHz licensee, to the ACMA.\n\n#### Division 2—Application of this Part\n\n#### 49 Lots to which this Part applies\n\n  This Part applies in relation to a lot unless:\n    (a) the ACMA is satisfied under subsection 37(1) that there is only one applicant that has nominated the lot as one of its preferred lots; or\n    (b) the lot is not a preferred lot for any bidder.\n\n#### Division 3—Registration of bidders\n\n#### 50 Register of bidders\n\n  (1) The ACMA must maintain a register of bidders in the auction in electronic form.\n  (2) For each bidder, the register must contain the following:\n    (a) the bidder’s name;\n    (b) the bidder’s postal address;\n    (c) the bidder’s email address;\n    (d) the bidder’s telephone number;\n    (e) the name, position, postal address, email address and telephone number of a contact person for the bidder;\n    (f) the bidder’s preferred lots, reduced (if required) as a result of Division 4 of Part 4;\n    (g) the bidder’s ACN, ARBN or ABN;\n    (h) if the bidder has nominated one or more 1800 MHz lots as its preferred lots – the names of the bidder’s associates and the nature of their association with the bidder.\n  (3) The register may also contain any other information that the ACMA considers necessary or convenient for conducting the auction.\n  (4) The ACMA must make changes to the register as soon as practicable after:\n    (a) a bidder tells the ACMA of a change in the bidder’s name or contact information, including a change of information for the bidder’s contact person; or\n    (b) the ACMA becomes aware that any of the information on the register is not correct.\n\n#### 51 Registration process\n\n  (1) The ACMA must register a person as a bidder in the auction only if:\n    (a) the application deadline has passed; and\n    (b) the person has made a valid application under section 29; and\n    (c) if a deed of financial security is given – the ACMA is satisfied that the person who executed the deed is a person mentioned in subsection 33(6); and\n    (d) the person has not withdrawn, or is not taken to have withdrawn, its application; and\n    (e) in relation to at least one lot the person nominated as one of its preferred lots – the person is not the only applicant to have nominated the lot as one of its preferred lots.\n  (2) After the application deadline, the ACMA must, in writing, tell a bidder that the bidder has been registered and may participate in the auction, and give the bidder the following:\n    (a) a copy of the information recorded on the register for the bidder;\n    (b) the ACMA’s email address and telephone and fax numbers available for use by bidders;\n    (c) information about accessing and using the auction system;\n    (d) any items required for access;\n    (e) information about how to bid by alternative means if the bidder is unable to submit a bid using the auction system.\n\n> Note: Information provided to a bidder under this section for the purpose of participating in the auction is defined as confidential information in section 16.\n\n#### 52 Bidder to notify ACMA if register incorrect\n\n  If a bidder knows that any of the information about the bidder or the bidder’s associates on the register is incorrect, the bidder must immediately give the ACMA the correct information.\n\n#### 53 Preparation for bidding\n\n  The ACMA must give each bidder an opportunity to try the auction system before the auction commences.\n\n#### 54 Security of auction\n\n  (1) A bidder must ensure that any items provided to the bidder for the purpose of accessing the auction system are kept secure during the auction period.\n  (2) The bidder must notify the ACMA immediately if any item provided to the bidder for the purpose of accessing the auction system is lost or stolen during the auction period.\n\n#### Division 4—Setting elements of the auction\n\n#### 55 Auction procedures\n\n  (1) The first round of the auction starts on the date and time for that round set by the auction manager under subsection 56(1).\n  (2) The rounds of the auction are to be scheduled, and the auction is to be conducted, in accordance with the rules in Schedule 1.\n\n#### 56 First and second rounds\n\n  (1) After the application deadline, the auction manager must set the start date and time of the first and second rounds of the auction.\n  (2) The auction manager must notify bidders of the start date and time of the first and second rounds at least 10 working days before the start date of the first round.\n\n#### Division 5—Procedures for bids not using the auction system and for exceptional circumstances\n\n#### 57 Auction manager’s discretion to accept bids\n\n  (1) The auction manager may permit a bidder to make a bid during a round by a method other than the auction system if the auction manager is satisfied that the bidder is not able to make a bid for the round using the auction system.\n\n> Note: The auction manager may permit a bidder to make a bid by a method that requires the verification that the bidder is making the bid.\n\n  (2) The auction manager may permit a bidder to make a bid for a round after the end time of the round if the auction manager is satisfied that the bidder could not make the bid during the round because of technical or communication problems.\n  (3) A bid permitted to be made by the auction manager under subsection (2) is taken to have been made during the round.\n  (4) The auction manager must not permit a bidder to make a bid under subsection (2) after information about the outcome of the round has been given to bidders.\n\n> Note: See clause 2 of Schedule 1 for details of the information about the outcome of the round that will be given to bidders.\n\n#### 58 Action that auction manager may take in exceptional circumstances\n\n  (1) If the auction manager is satisfied that the auction is affected by exceptional circumstances, the auction manager may:\n    (a) make corrections to:\n    (i) the results of the round of the auction that last ended; and\n    (ii) information received by a bidder after that round; or\n    (b) stop the current round of the auction and restart the round; or\n    (c) cancel the results of one or more auction rounds and restart the auction from the point before those rounds; or\n    (d) cancel the results of all the auction rounds and restart the auction from the first round; or\n    (e) stop the auction.\n  (2) For this section, exceptional circumstances include:\n    (a) a significant technical difficulty with the auction system; or\n    (b) a breach of the confidentiality obligations in section 17.\n  (3) Subsection (2) does not limit what might constitute exceptional circumstances.\n\n#### Division 6—Affiliations during the auction\n\n#### 59 Requirement to report affiliation – 1800 MHz band\n\n  (1) If, at any time during the auction period, a bidder that has nominated one or more 1800 MHz lots as its preferred lots believes that it may be an affiliate of an existing 1800 MHz licensee, the bidder must immediately tell the ACMA in writing the identity of the existing 1800 MHz licensee and give details of the affiliation.\n  (2) If, at any time during the auction period, a bidder that has nominated one or more 1800 MHz lots as its preferred lots believes that it may be an affiliate of another bidder that has nominated one or more 1800 MHz lots, the bidder must immediately tell the ACMA in writing the identity of the other bidder and give details of the affiliation.\n\n#### 60 Auction continues despite possible affiliation\n\n  (1) If the ACMA becomes aware during the auction period that a bidder that has nominated one or more 1800 MHz lots may be affiliated with an existing 1800 MHz licensee, the auction is to continue and each of:\n    (a) the bidder; and\n    (b) if the existing 1800 MHz licensee is also a bidder – the licensee;\n  may continue to participate in the auction.\n  (2) If the ACMA becomes aware during the auction period that a bidder that has nominated one or more 1800 MHz lots may be affiliated with another bidder that has nominated one or more 1800 MHz lots, the auction is to continue and each of the bidders may continue to participate in the auction.\n\n#### 61 ACMA consideration of affiliation\n\n  (1) If the ACMA has reason to believe that a bidder that has nominated one or more 1800 MHz lots as its preferred lots is affiliated with an existing 1800 MHz licensee during the auction period, and the bidder had not made this known to the ACMA before the commencement of the auction period, the ACMA must notify the bidder in writing and tell the bidder the basis on which the ACMA believes that the bidder is affiliated with the existing 1800 MHz licensee.\n  (2) If the ACMA has reason to believe that a bidder that has nominated one or more 1800 MHz lots as its preferred lots is affiliated with another bidder that has nominated one or more 1800 MHz lots during the auction period, and the bidder had not made this known to the ACMA before the commencement of the auction period, the ACMA must notify the bidder in writing and tell the bidder the basis on which the ACMA believes that the bidder is affiliated with the other bidder.\n  (3) If a bidder gave the ACMA information under subsection 59(1) about an affiliation with an existing 1800 MHz licensee, and the ACMA does not consider that the bidder is affiliated with the licensee, the ACMA must tell the bidder in writing that the ACMA does not consider it to be affiliated with the licensee.\n  (4) If a bidder gave the ACMA information under subsection 59(2) about an affiliation with another bidder, and the ACMA does not consider that the bidder is affiliated with the other bidder, the ACMA must tell the bidder in writing that the ACMA does not consider it to be affiliated with the other bidder.","sortOrder":57},{"sectionNumber":"48","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 48 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken in conducting an auction.\n\nThe ACMA must register eligible applicants as bidders in the auction. The ACMA must also set the commencement of the auction, and give this information to bidders.\n\nThe auction is to be conducted in accordance with the rules in Schedule 1. Bidding is to occur by the auction system made available by the ACMA. However, the auction manager may permit bids to be made by other methods in particular circumstances, and may also allow bids to be made outside rounds in particular circumstances. The auction manager may also restart, cancel or take other specified action in relation to the auction in exceptional circumstances.\n\nDuring the auction, bidders for a 1800 MHz lot must report any affiliations with each other, or with an existing 1800 MHz licensee, to the ACMA.","sortOrder":58},{"sectionNumber":"49","sectionType":"section","heading":"Lots to which this Part applies","content":"#### 49 Lots to which this Part applies\n\n  This Part applies in relation to a lot unless:\n    (a) the ACMA is satisfied under subsection 37(1) that there is only one applicant that has nominated the lot as one of its preferred lots; or\n    (b) the lot is not a preferred lot for any bidder.","sortOrder":60},{"sectionNumber":"50","sectionType":"section","heading":"Register of bidders","content":"#### 50 Register of bidders\n\n  (1) The ACMA must maintain a register of bidders in the auction in electronic form.\n  (2) For each bidder, the register must contain the following:\n    (a) the bidder’s name;\n    (b) the bidder’s postal address;\n    (c) the bidder’s email address;\n    (d) the bidder’s telephone number;\n    (e) the name, position, postal address, email address and telephone number of a contact person for the bidder;\n    (f) the bidder’s preferred lots, reduced (if required) as a result of Division 4 of Part 4;\n    (g) the bidder’s ACN, ARBN or ABN;\n    (h) if the bidder has nominated one or more 1800 MHz lots as its preferred lots – the names of the bidder’s associates and the nature of their association with the bidder.\n  (3) The register may also contain any other information that the ACMA considers necessary or convenient for conducting the auction.\n  (4) The ACMA must make changes to the register as soon as practicable after:\n    (a) a bidder tells the ACMA of a change in the bidder’s name or contact information, including a change of information for the bidder’s contact person; or\n    (b) the ACMA becomes aware that any of the information on the register is not correct.","sortOrder":62},{"sectionNumber":"51","sectionType":"section","heading":"Registration process","content":"#### 51 Registration process\n\n  (1) The ACMA must register a person as a bidder in the auction only if:\n    (a) the application deadline has passed; and\n    (b) the person has made a valid application under section 29; and\n    (c) if a deed of financial security is given – the ACMA is satisfied that the person who executed the deed is a person mentioned in subsection 33(6); and\n    (d) the person has not withdrawn, or is not taken to have withdrawn, its application; and\n    (e) in relation to at least one lot the person nominated as one of its preferred lots – the person is not the only applicant to have nominated the lot as one of its preferred lots.\n  (2) After the application deadline, the ACMA must, in writing, tell a bidder that the bidder has been registered and may participate in the auction, and give the bidder the following:\n    (a) a copy of the information recorded on the register for the bidder;\n    (b) the ACMA’s email address and telephone and fax numbers available for use by bidders;\n    (c) information about accessing and using the auction system;\n    (d) any items required for access;\n    (e) information about how to bid by alternative means if the bidder is unable to submit a bid using the auction system.\n\n> Note: Information provided to a bidder under this section for the purpose of participating in the auction is defined as confidential information in section 16.","sortOrder":63},{"sectionNumber":"52","sectionType":"section","heading":"Bidder to notify ACMA if register incorrect","content":"#### 52 Bidder to notify ACMA if register incorrect\n\n  If a bidder knows that any of the information about the bidder or the bidder’s associates on the register is incorrect, the bidder must immediately give the ACMA the correct information.","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Preparation for bidding","content":"#### 53 Preparation for bidding\n\n  The ACMA must give each bidder an opportunity to try the auction system before the auction commences.","sortOrder":65},{"sectionNumber":"54","sectionType":"section","heading":"Security of auction","content":"#### 54 Security of auction\n\n  (1) A bidder must ensure that any items provided to the bidder for the purpose of accessing the auction system are kept secure during the auction period.\n  (2) The bidder must notify the ACMA immediately if any item provided to the bidder for the purpose of accessing the auction system is lost or stolen during the auction period.","sortOrder":66},{"sectionNumber":"55","sectionType":"section","heading":"Auction procedures","content":"#### 55 Auction procedures\n\n  (1) The first round of the auction starts on the date and time for that round set by the auction manager under subsection 56(1).\n  (2) The rounds of the auction are to be scheduled, and the auction is to be conducted, in accordance with the rules in Schedule 1.","sortOrder":68},{"sectionNumber":"56","sectionType":"section","heading":"First and second rounds","content":"#### 56 First and second rounds\n\n  (1) After the application deadline, the auction manager must set the start date and time of the first and second rounds of the auction.\n  (2) The auction manager must notify bidders of the start date and time of the first and second rounds at least 10 working days before the start date of the first round.","sortOrder":69},{"sectionNumber":"57","sectionType":"section","heading":"Auction manager’s discretion to accept bids","content":"#### 57 Auction manager’s discretion to accept bids\n\n  (1) The auction manager may permit a bidder to make a bid during a round by a method other than the auction system if the auction manager is satisfied that the bidder is not able to make a bid for the round using the auction system.\n\n> Note: The auction manager may permit a bidder to make a bid by a method that requires the verification that the bidder is making the bid.\n\n  (2) The auction manager may permit a bidder to make a bid for a round after the end time of the round if the auction manager is satisfied that the bidder could not make the bid during the round because of technical or communication problems.\n  (3) A bid permitted to be made by the auction manager under subsection (2) is taken to have been made during the round.\n  (4) The auction manager must not permit a bidder to make a bid under subsection (2) after information about the outcome of the round has been given to bidders.\n\n> Note: See clause 2 of Schedule 1 for details of the information about the outcome of the round that will be given to bidders.","sortOrder":71},{"sectionNumber":"58","sectionType":"section","heading":"Action that auction manager may take in exceptional circumstances","content":"#### 58 Action that auction manager may take in exceptional circumstances\n\n  (1) If the auction manager is satisfied that the auction is affected by exceptional circumstances, the auction manager may:\n    (a) make corrections to:\n    (i) the results of the round of the auction that last ended; and\n    (ii) information received by a bidder after that round; or\n    (b) stop the current round of the auction and restart the round; or\n    (c) cancel the results of one or more auction rounds and restart the auction from the point before those rounds; or\n    (d) cancel the results of all the auction rounds and restart the auction from the first round; or\n    (e) stop the auction.\n  (2) For this section, exceptional circumstances include:\n    (a) a significant technical difficulty with the auction system; or\n    (b) a breach of the confidentiality obligations in section 17.\n  (3) Subsection (2) does not limit what might constitute exceptional circumstances.","sortOrder":72},{"sectionNumber":"Division 6","sectionType":"section","heading":"Affiliations during the auction","content":"#### Part 6—Auction procedures\n\n#### Division 1—Simplified outline\n\n#### 48 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken in conducting an auction.\n\nThe ACMA must register eligible applicants as bidders in the auction. The ACMA must also set the commencement of the auction, and give this information to bidders.\n\nThe auction is to be conducted in accordance with the rules in Schedule 1. Bidding is to occur by the auction system made available by the ACMA. However, the auction manager may permit bids to be made by other methods in particular circumstances, and may also allow bids to be made outside rounds in particular circumstances. The auction manager may also restart, cancel or take other specified action in relation to the auction in exceptional circumstances.\n\nDuring the auction, bidders for a 1800 MHz lot must report any affiliations with each other, or with an existing 1800 MHz licensee, to the ACMA.\n\n#### Division 2—Application of this Part\n\n#### 49 Lots to which this Part applies\n\n  This Part applies in relation to a lot unless:\n    (a) the ACMA is satisfied under subsection 37(1) that there is only one applicant that has nominated the lot as one of its preferred lots; or\n    (b) the lot is not a preferred lot for any bidder.\n\n#### Division 3—Registration of bidders\n\n#### 50 Register of bidders\n\n  (1) The ACMA must maintain a register of bidders in the auction in electronic form.\n  (2) For each bidder, the register must contain the following:\n    (a) the bidder’s name;\n    (b) the bidder’s postal address;\n    (c) the bidder’s email address;\n    (d) the bidder’s telephone number;\n    (e) the name, position, postal address, email address and telephone number of a contact person for the bidder;\n    (f) the bidder’s preferred lots, reduced (if required) as a result of Division 4 of Part 4;\n    (g) the bidder’s ACN, ARBN or ABN;\n    (h) if the bidder has nominated one or more 1800 MHz lots as its preferred lots – the names of the bidder’s associates and the nature of their association with the bidder.\n  (3) The register may also contain any other information that the ACMA considers necessary or convenient for conducting the auction.\n  (4) The ACMA must make changes to the register as soon as practicable after:\n    (a) a bidder tells the ACMA of a change in the bidder’s name or contact information, including a change of information for the bidder’s contact person; or\n    (b) the ACMA becomes aware that any of the information on the register is not correct.\n\n#### 51 Registration process\n\n  (1) The ACMA must register a person as a bidder in the auction only if:\n    (a) the application deadline has passed; and\n    (b) the person has made a valid application under section 29; and\n    (c) if a deed of financial security is given – the ACMA is satisfied that the person who executed the deed is a person mentioned in subsection 33(6); and\n    (d) the person has not withdrawn, or is not taken to have withdrawn, its application; and\n    (e) in relation to at least one lot the person nominated as one of its preferred lots – the person is not the only applicant to have nominated the lot as one of its preferred lots.\n  (2) After the application deadline, the ACMA must, in writing, tell a bidder that the bidder has been registered and may participate in the auction, and give the bidder the following:\n    (a) a copy of the information recorded on the register for the bidder;\n    (b) the ACMA’s email address and telephone and fax numbers available for use by bidders;\n    (c) information about accessing and using the auction system;\n    (d) any items required for access;\n    (e) information about how to bid by alternative means if the bidder is unable to submit a bid using the auction system.\n\n> Note: Information provided to a bidder under this section for the purpose of participating in the auction is defined as confidential information in section 16.\n\n#### 52 Bidder to notify ACMA if register incorrect\n\n  If a bidder knows that any of the information about the bidder or the bidder’s associates on the register is incorrect, the bidder must immediately give the ACMA the correct information.\n\n#### 53 Preparation for bidding\n\n  The ACMA must give each bidder an opportunity to try the auction system before the auction commences.\n\n#### 54 Security of auction\n\n  (1) A bidder must ensure that any items provided to the bidder for the purpose of accessing the auction system are kept secure during the auction period.\n  (2) The bidder must notify the ACMA immediately if any item provided to the bidder for the purpose of accessing the auction system is lost or stolen during the auction period.\n\n#### Division 4—Setting elements of the auction\n\n#### 55 Auction procedures\n\n  (1) The first round of the auction starts on the date and time for that round set by the auction manager under subsection 56(1).\n  (2) The rounds of the auction are to be scheduled, and the auction is to be conducted, in accordance with the rules in Schedule 1.\n\n#### 56 First and second rounds\n\n  (1) After the application deadline, the auction manager must set the start date and time of the first and second rounds of the auction.\n  (2) The auction manager must notify bidders of the start date and time of the first and second rounds at least 10 working days before the start date of the first round.\n\n#### Division 5—Procedures for bids not using the auction system and for exceptional circumstances\n\n#### 57 Auction manager’s discretion to accept bids\n\n  (1) The auction manager may permit a bidder to make a bid during a round by a method other than the auction system if the auction manager is satisfied that the bidder is not able to make a bid for the round using the auction system.\n\n> Note: The auction manager may permit a bidder to make a bid by a method that requires the verification that the bidder is making the bid.\n\n  (2) The auction manager may permit a bidder to make a bid for a round after the end time of the round if the auction manager is satisfied that the bidder could not make the bid during the round because of technical or communication problems.\n  (3) A bid permitted to be made by the auction manager under subsection (2) is taken to have been made during the round.\n  (4) The auction manager must not permit a bidder to make a bid under subsection (2) after information about the outcome of the round has been given to bidders.\n\n> Note: See clause 2 of Schedule 1 for details of the information about the outcome of the round that will be given to bidders.\n\n#### 58 Action that auction manager may take in exceptional circumstances\n\n  (1) If the auction manager is satisfied that the auction is affected by exceptional circumstances, the auction manager may:\n    (a) make corrections to:\n    (i) the results of the round of the auction that last ended; and\n    (ii) information received by a bidder after that round; or\n    (b) stop the current round of the auction and restart the round; or\n    (c) cancel the results of one or more auction rounds and restart the auction from the point before those rounds; or\n    (d) cancel the results of all the auction rounds and restart the auction from the first round; or\n    (e) stop the auction.\n  (2) For this section, exceptional circumstances include:\n    (a) a significant technical difficulty with the auction system; or\n    (b) a breach of the confidentiality obligations in section 17.\n  (3) Subsection (2) does not limit what might constitute exceptional circumstances.\n\n#### Division 6—Affiliations during the auction\n\n#### 59 Requirement to report affiliation – 1800 MHz band\n\n  (1) If, at any time during the auction period, a bidder that has nominated one or more 1800 MHz lots as its preferred lots believes that it may be an affiliate of an existing 1800 MHz licensee, the bidder must immediately tell the ACMA in writing the identity of the existing 1800 MHz licensee and give details of the affiliation.\n  (2) If, at any time during the auction period, a bidder that has nominated one or more 1800 MHz lots as its preferred lots believes that it may be an affiliate of another bidder that has nominated one or more 1800 MHz lots, the bidder must immediately tell the ACMA in writing the identity of the other bidder and give details of the affiliation.\n\n#### 60 Auction continues despite possible affiliation\n\n  (1) If the ACMA becomes aware during the auction period that a bidder that has nominated one or more 1800 MHz lots may be affiliated with an existing 1800 MHz licensee, the auction is to continue and each of:\n    (a) the bidder; and\n    (b) if the existing 1800 MHz licensee is also a bidder – the licensee;\n  may continue to participate in the auction.\n  (2) If the ACMA becomes aware during the auction period that a bidder that has nominated one or more 1800 MHz lots may be affiliated with another bidder that has nominated one or more 1800 MHz lots, the auction is to continue and each of the bidders may continue to participate in the auction.\n\n#### 61 ACMA consideration of affiliation\n\n  (1) If the ACMA has reason to believe that a bidder that has nominated one or more 1800 MHz lots as its preferred lots is affiliated with an existing 1800 MHz licensee during the auction period, and the bidder had not made this known to the ACMA before the commencement of the auction period, the ACMA must notify the bidder in writing and tell the bidder the basis on which the ACMA believes that the bidder is affiliated with the existing 1800 MHz licensee.\n  (2) If the ACMA has reason to believe that a bidder that has nominated one or more 1800 MHz lots as its preferred lots is affiliated with another bidder that has nominated one or more 1800 MHz lots during the auction period, and the bidder had not made this known to the ACMA before the commencement of the auction period, the ACMA must notify the bidder in writing and tell the bidder the basis on which the ACMA believes that the bidder is affiliated with the other bidder.\n  (3) If a bidder gave the ACMA information under subsection 59(1) about an affiliation with an existing 1800 MHz licensee, and the ACMA does not consider that the bidder is affiliated with the licensee, the ACMA must tell the bidder in writing that the ACMA does not consider it to be affiliated with the licensee.\n  (4) If a bidder gave the ACMA information under subsection 59(2) about an affiliation with another bidder, and the ACMA does not consider that the bidder is affiliated with the other bidder, the ACMA must tell the bidder in writing that the ACMA does not consider it to be affiliated with the other bidder.","sortOrder":73},{"sectionNumber":"59","sectionType":"section","heading":"Requirement to report affiliation — 1800 MHz band","content":"#### 59 Requirement to report affiliation – 1800 MHz band\n\n  (1) If, at any time during the auction period, a bidder that has nominated one or more 1800 MHz lots as its preferred lots believes that it may be an affiliate of an existing 1800 MHz licensee, the bidder must immediately tell the ACMA in writing the identity of the existing 1800 MHz licensee and give details of the affiliation.\n  (2) If, at any time during the auction period, a bidder that has nominated one or more 1800 MHz lots as its preferred lots believes that it may be an affiliate of another bidder that has nominated one or more 1800 MHz lots, the bidder must immediately tell the ACMA in writing the identity of the other bidder and give details of the affiliation.","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"Auction continues despite possible affiliation","content":"#### 60 Auction continues despite possible affiliation\n\n  (1) If the ACMA becomes aware during the auction period that a bidder that has nominated one or more 1800 MHz lots may be affiliated with an existing 1800 MHz licensee, the auction is to continue and each of:\n    (a) the bidder; and\n    (b) if the existing 1800 MHz licensee is also a bidder – the licensee;\n  may continue to participate in the auction.\n  (2) If the ACMA becomes aware during the auction period that a bidder that has nominated one or more 1800 MHz lots may be affiliated with another bidder that has nominated one or more 1800 MHz lots, the auction is to continue and each of the bidders may continue to participate in the auction.","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"ACMA consideration of affiliation","content":"#### 61 ACMA consideration of affiliation\n\n  (1) If the ACMA has reason to believe that a bidder that has nominated one or more 1800 MHz lots as its preferred lots is affiliated with an existing 1800 MHz licensee during the auction period, and the bidder had not made this known to the ACMA before the commencement of the auction period, the ACMA must notify the bidder in writing and tell the bidder the basis on which the ACMA believes that the bidder is affiliated with the existing 1800 MHz licensee.\n  (2) If the ACMA has reason to believe that a bidder that has nominated one or more 1800 MHz lots as its preferred lots is affiliated with another bidder that has nominated one or more 1800 MHz lots during the auction period, and the bidder had not made this known to the ACMA before the commencement of the auction period, the ACMA must notify the bidder in writing and tell the bidder the basis on which the ACMA believes that the bidder is affiliated with the other bidder.\n  (3) If a bidder gave the ACMA information under subsection 59(1) about an affiliation with an existing 1800 MHz licensee, and the ACMA does not consider that the bidder is affiliated with the licensee, the ACMA must tell the bidder in writing that the ACMA does not consider it to be affiliated with the licensee.\n  (4) If a bidder gave the ACMA information under subsection 59(2) about an affiliation with another bidder, and the ACMA does not consider that the bidder is affiliated with the other bidder, the ACMA must tell the bidder in writing that the ACMA does not consider it to be affiliated with the other bidder.","sortOrder":76},{"sectionNumber":"Part 7","sectionType":"section","heading":"Procedures after auction","content":"#### Part 7—Procedures after auction\n\n#### Division 1—Simplified outline\n\n#### 62 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken after conducting the auction.\n\nAfter the winning bidder for each lot has been identified, the ACMA must notify the unsuccessful bidders and applicants who were not registered as bidders that their confidentiality obligations have ended. The ACMA must give each winning bidder for a 1800 MHz lot information about the other winning bidders for 1800 MHz lots. Each winning bidder for a 1800 MHz lot must make a statement about whether it is affiliated with any other winning bidder for a 1800 MHz lot or an existing 1800 MHz licensee.\n\nIf there is such an affiliation, and if issuing spectrum licences to the winning bidders would breach the allocation limits, the ACMA must not issue spectrum licences to the winning bidders for all the lots won. Instead, the ACMA must only issue spectrum licences that would not result in a breach of the allocation limits.\n\nA winning bidder must pay the balance of the winning price for a licence; this is the winning price for the licence less any deposit paid. If a winning bidder fails to pay the balance of the winning price for a licence, the winning bidder is not entitled to be issued the licence.\n\n#### Division 2—Application of this Part\n\n#### 63 This Part applies if an auction is conducted\n\n  This Part applies if an auction is conducted under Part 6.\n\n#### Division 3—Confirmation of auction results\n\n#### 64 Notice and refunds to unsuccessful bidders and withdrawn applicants\n\n  (1) As soon as practicable after the end of the auction period, the ACMA must notify each bidder that is not a winning bidder that:\n    (a) the bidder was unsuccessful in the auction; and\n    (b) the bidder’s confidentiality obligations under section 17 have ended.\n  (2) If the unsuccessful bidder paid a deposit, the ACMA must refund the payment no later than 6 months after sending the notice under subsection (1) unless the ACMA has made a decision to retain the deposit under section 81.\n\n> Note: Section 81 enables the ACMA to retain a deposit if it is satisfied certain breaches of this instrument have occurred.\n\n  (3) As soon as practicable after the end of the auction period, the ACMA must notify each applicant that withdrew, or was taken to have withdrawn, its application that the applicant’s confidentiality obligations under section 17 have ended.\n  (4) If an applicant that withdrew, or was taken to have withdrawn, its application paid a deposit, the ACMA must refund the payment no later than 6 months after sending the notice under subsection (1) unless the ACMA has made a decision to retain the deposit under section 81.\n\n> Note: Section 81 enables the ACMA to retain a deposit if it is satisfied certain breaches of this instrument have occurred.\n\n#### 65 Winning bidder to make statement about affiliations – 1800 MHz lots\n\n  (1) As soon as practicable after the end of the auction period, the ACMA must:\n    (a) give each winning bidder for a 1800 MHz lot details of each other winning bidder for a 1800 MHz lot, and details of those bidders’ associates; and\n    (b) ask each such bidder to make a statement whether the bidder is an affiliate of:\n    (i) an existing 1800 MHz licensee and, if so, identifying the existing 1800 MHz licensee and giving details of the affiliation; or\n    (ii) another winning bidder for a 1800 MHz lot and, if so, identifying the other winning bidder and giving details of the affiliation.\n\n> Note: An existing 1800 MHz licensee may also be a bidder in the auction.\n\n  (2) The ACMA must state a deadline, at least 10 working days after the date of the request, before which the statement must be received by the ACMA.\n  (3) A winning bidder must give the ACMA the statement by the deadline.\n\n> Note 1: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.\n\n> Note 2: Section 136.1 of the Criminal Code also makes it an offence to make a false or misleading statement in connection with an application for a spectrum licence.\n\n#### 66 Notification that winning bidder is affiliated with existing licensee or another winning bidder – 1800 MHz lots\n\n  (1) If the ACMA is satisfied that one or more winning bidders for a 1800 MHz lot is affiliated with an existing 1800 MHz licensee that is not also a winning bidder for an 1800 MHz lot, the ACMA must notify the winning bidders in writing and tell each bidder the basis on which the ACMA is satisfied that the bidder and the existing 1800 MHz licensee are affiliated.\n  (2) If the ACMA is satisfied that a winning bidder for a 1800 MHz lot is affiliated with another winning bidder for a 1800 MHz lot, the ACMA must notify each of those winning bidders in writing and tell the bidder the basis on which the ACMA is satisfied that the bidders are affiliated.\n\n#### 67 Consequences of affiliation between winning bidders, or between winning bidders and existing licensees – 1800 MHz lots\n\n  (1) If:\n    (a) the ACMA notifies one or more winning bidders under subsection 66(1) that it is satisfied the winning bidders are affiliated with an existing 1800 MHz licensee; and\n    (b) the existing 1800 MHz licensee is not also a winning bidder for a 1800 MHz lot; and\n    (c) the number of lots won by the winning bidders, when the lot size of those lots is aggregated with the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the existing 1800 MHz licensee, may use in the 1800 MHz band, exceeds the 1800 MHz allocation limits;\n  the ACMA:\n    (d) must not issue spectrum licences to the winning bidders that would exceed the 1800 MHz allocation limits; and\n    (e) must not issue spectrum licences to the winning bidders except in accordance with this section.\n  (2) If:\n    (a) the ACMA notifies two or more winning bidders under subsection 66(2) that it is satisfied the winning bidders are affiliated; and\n    (b) the number of lots won by the winning bidders, when the lot size of those lots is aggregated with a part or parts of the spectrum that the winning bidders, or the specified group of persons that includes the winning bidders, may use in the 1800 MHz band, exceeds the 1800 MHz allocation limits;\n  the ACMA:\n    (c) must not issue spectrum licences to the winning bidders that would exceed the 1800 MHz allocation limits; and\n    (d) must not issue spectrum licences to the winning bidders except in accordance with this section.\n\n> Note: One of the winning bidders may also be an existing 1800 MHz licensee.\n\n  (3) For each winning bidder, the ACMA must identify, in relation to the 1800 MHz lots for which the bidder is a winning bidder (the total lots), each lot where the aggregate of:\n    (a) the lot size of the lot; and\n    (b) the part or parts of the spectrum that the applicant, or the specified group of persons that includes the applicant, may use in the 1800 MHz band;\n  does not exceed the 1800 MHz allocation limits.\n  (4) If, for a winning bidder, the ACMA identifies one or more of total lots under subsection (3):\n    (a) subject to this instrument, the winning bidder is entitled to be issued a spectrum licence for those lots; and\n    (b) the ACMA must not issue a spectrum licence for the remaining total lots to the winning bidder.\n\n> Note: The winning bidder must still pay the balance of the winning price before being issued the spectrum licence, in accordance with Division 4. The balance of the winning price is calculated on the basis of the lots for which the bidder is the winning bidder, regardless of the effect of this section.\n\n  (5) If no lot can be identified under subsection (3), the ACMA must not issue a spectrum licence for any 1800 MHz lot to that bidder.\n  (6) If, as a result of the operation of this section, a spectrum licence is not issued for a lot for which there is a winning bidder, section 76 applies to that lot.\n\n#### Division 4—Payment and issue of spectrum licences\n\n#### 68 The winning bid price for a lot\n\n  The winning bid price for a lot won by a winning bidder at auction is:\n    (a) if there is only one bid on the lot – the starting price for the lot; or\n    (b) if there is more than one bid on the lot – the highest bid made for the lot by any bidder, during any round, other than the final high bid.\n\n#### 69 The winning price and the balance of the winning price\n\n  (1) The winning price for a winning bidder is the sum of the winning bid prices for the lots won by the bidder.\n  (2) The balance of the winning price for a winning bidder is the winning price for the bidder less the amount of any deposit paid by the bidder.\n\n#### 70 Sufficient deposit – issue of spectrum licence without further payment\n\n  (1) If, for a winning bidder, the balance of the winning price is less than zero:\n    (a) the ACMA must refund the deposit in excess of the total of the winning price for the winning bidder; and\n    (b) the bidder is entitled to be issued a spectrum licence for each part of the spectrum represented by the lots won by the bidder without further payment.\n\n> Note: For the issue of spectrum licences, see section 62 of the Act.\n\n  (2) If, for a winning bidder, the balance of the winning price is zero, the bidder is entitled to be issued a spectrum licence for each part of the spectrum represented by the lots won by the bidder without further payment.\n\n> Note: For the issue of spectrum licences, see section 62 of the Act.\n\n#### 71 Payment of balance of winning price\n\n  (1) If, for a winning bidder, the balance of the winning price is greater than zero, the ACMA must notify the bidder by registered mail of the lots won by the bidder and the balance of the winning price.\n  (2) The balance of the winning price must be paid to the ACMA on behalf of the Commonwealth no later than 20 working days after the date of the notice.\n\n> Note: For information on how the balance of the winning price must be paid, see section 7.\n\n  (3) If the ACMA becomes aware that a notice under subsection (1) contains a material error, the ACMA must give the winning bidder a revised notice by registered mail.\n  (4) If a revised notice is given under subsection (3), the balance of the winning price must be paid to the ACMA on behalf of the Commonwealth no later than:\n    (a) if the revised notice is given within 20 working days after the date of the original notice – 30 working days after the date of the original notice;\n    (b) in any other case – 10 working days after the date of the revised notice.\n\n#### 72 Issue of spectrum licence\n\n  If a winning bidder pays the balance of the winning price in accordance with section 71, the winning bidder is entitled to be issued a spectrum licence for each part of the spectrum represented by the lots won by the bidder.\n\n> Note 1: For the issue of spectrum licences, see section 62 of the Act.\n\n> Note 2: Section 67 may affect the ability of the ACMA to issue a spectrum licence to a winning bidder.\n\n#### 73 Default\n\n  If a winning bidder does not pay the balance of the winning price in accordance with section 71:\n    (a) the spectrum licence is not allocated to the winning bidder; and\n    (b) the allocation of spectrum licences under this instrument to other applicants is not affected; and\n    (c) section 76 applies to each lot that, but for this section, would have been included in a spectrum licence allocated to the winning bidder.\n\n> Note: See section 86 in relation to the rights of the ACMA and the Commonwealth.\n\n#### 74 Publication of auction results\n\n  The ACMA must announce or publish the following information about the auction after the end of the auction period:\n    (a) the names of winning bidders;\n    (b) the spectrum allocated to each winning bidder;\n    (c) the winning price for each lot won by each winning bidder.","sortOrder":77},{"sectionNumber":"62","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 62 Simplified outline of this Part\n\nThis Part deals with the procedures to be undertaken after conducting the auction.\n\nAfter the winning bidder for each lot has been identified, the ACMA must notify the unsuccessful bidders and applicants who were not registered as bidders that their confidentiality obligations have ended. The ACMA must give each winning bidder for a 1800 MHz lot information about the other winning bidders for 1800 MHz lots. Each winning bidder for a 1800 MHz lot must make a statement about whether it is affiliated with any other winning bidder for a 1800 MHz lot or an existing 1800 MHz licensee.\n\nIf there is such an affiliation, and if issuing spectrum licences to the winning bidders would breach the allocation limits, the ACMA must not issue spectrum licences to the winning bidders for all the lots won. Instead, the ACMA must only issue spectrum licences that would not result in a breach of the allocation limits.\n\nA winning bidder must pay the balance of the winning price for a licence; this is the winning price for the licence less any deposit paid. If a winning bidder fails to pay the balance of the winning price for a licence, the winning bidder is not entitled to be issued the licence.","sortOrder":78},{"sectionNumber":"63","sectionType":"section","heading":"This Part applies if an auction is conducted","content":"#### 63 This Part applies if an auction is conducted\n\n  This Part applies if an auction is conducted under Part 6.","sortOrder":79},{"sectionNumber":"64","sectionType":"section","heading":"Notice and refunds to unsuccessful bidders and withdrawn applicants","content":"#### 64 Notice and refunds to unsuccessful bidders and withdrawn applicants\n\n  (1) As soon as practicable after the end of the auction period, the ACMA must notify each bidder that is not a winning bidder that:\n    (a) the bidder was unsuccessful in the auction; and\n    (b) the bidder’s confidentiality obligations under section 17 have ended.\n  (2) If the unsuccessful bidder paid a deposit, the ACMA must refund the payment no later than 6 months after sending the notice under subsection (1) unless the ACMA has made a decision to retain the deposit under section 81.\n\n> Note: Section 81 enables the ACMA to retain a deposit if it is satisfied certain breaches of this instrument have occurred.\n\n  (3) As soon as practicable after the end of the auction period, the ACMA must notify each applicant that withdrew, or was taken to have withdrawn, its application that the applicant’s confidentiality obligations under section 17 have ended.\n  (4) If an applicant that withdrew, or was taken to have withdrawn, its application paid a deposit, the ACMA must refund the payment no later than 6 months after sending the notice under subsection (1) unless the ACMA has made a decision to retain the deposit under section 81.\n\n> Note: Section 81 enables the ACMA to retain a deposit if it is satisfied certain breaches of this instrument have occurred.","sortOrder":81},{"sectionNumber":"65","sectionType":"section","heading":"Winning bidder to make statement about affiliations — 1800 MHz lots","content":"#### 65 Winning bidder to make statement about affiliations – 1800 MHz lots\n\n  (1) As soon as practicable after the end of the auction period, the ACMA must:\n    (a) give each winning bidder for a 1800 MHz lot details of each other winning bidder for a 1800 MHz lot, and details of those bidders’ associates; and\n    (b) ask each such bidder to make a statement whether the bidder is an affiliate of:\n    (i) an existing 1800 MHz licensee and, if so, identifying the existing 1800 MHz licensee and giving details of the affiliation; or\n    (ii) another winning bidder for a 1800 MHz lot and, if so, identifying the other winning bidder and giving details of the affiliation.\n\n> Note: An existing 1800 MHz licensee may also be a bidder in the auction.\n\n  (2) The ACMA must state a deadline, at least 10 working days after the date of the request, before which the statement must be received by the ACMA.\n  (3) A winning bidder must give the ACMA the statement by the deadline.\n\n> Note 1: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.\n\n> Note 2: Section 136.1 of the Criminal Code also makes it an offence to make a false or misleading statement in connection with an application for a spectrum licence.","sortOrder":82},{"sectionNumber":"66","sectionType":"section","heading":"Notification that winning bidder is affiliated with existing licensee or another winning bidder — 1800 MHz lots","content":"#### 66 Notification that winning bidder is affiliated with existing licensee or another winning bidder – 1800 MHz lots\n\n  (1) If the ACMA is satisfied that one or more winning bidders for a 1800 MHz lot is affiliated with an existing 1800 MHz licensee that is not also a winning bidder for an 1800 MHz lot, the ACMA must notify the winning bidders in writing and tell each bidder the basis on which the ACMA is satisfied that the bidder and the existing 1800 MHz licensee are affiliated.\n  (2) If the ACMA is satisfied that a winning bidder for a 1800 MHz lot is affiliated with another winning bidder for a 1800 MHz lot, the ACMA must notify each of those winning bidders in writing and tell the bidder the basis on which the ACMA is satisfied that the bidders are affiliated.","sortOrder":83},{"sectionNumber":"67","sectionType":"section","heading":"Consequences of affiliation between winning bidders, or between winning bidders and existing licensees — 1800 MHz lots","content":"#### 67 Consequences of affiliation between winning bidders, or between winning bidders and existing licensees – 1800 MHz lots\n\n  (1) If:\n    (a) the ACMA notifies one or more winning bidders under subsection 66(1) that it is satisfied the winning bidders are affiliated with an existing 1800 MHz licensee; and\n    (b) the existing 1800 MHz licensee is not also a winning bidder for a 1800 MHz lot; and\n    (c) the number of lots won by the winning bidders, when the lot size of those lots is aggregated with the part or parts of the spectrum that the existing 1800 MHz licensee, or the specified group of persons that includes the existing 1800 MHz licensee, may use in the 1800 MHz band, exceeds the 1800 MHz allocation limits;\n  the ACMA:\n    (d) must not issue spectrum licences to the winning bidders that would exceed the 1800 MHz allocation limits; and\n    (e) must not issue spectrum licences to the winning bidders except in accordance with this section.\n  (2) If:\n    (a) the ACMA notifies two or more winning bidders under subsection 66(2) that it is satisfied the winning bidders are affiliated; and\n    (b) the number of lots won by the winning bidders, when the lot size of those lots is aggregated with a part or parts of the spectrum that the winning bidders, or the specified group of persons that includes the winning bidders, may use in the 1800 MHz band, exceeds the 1800 MHz allocation limits;\n  the ACMA:\n    (c) must not issue spectrum licences to the winning bidders that would exceed the 1800 MHz allocation limits; and\n    (d) must not issue spectrum licences to the winning bidders except in accordance with this section.\n\n> Note: One of the winning bidders may also be an existing 1800 MHz licensee.\n\n  (3) For each winning bidder, the ACMA must identify, in relation to the 1800 MHz lots for which the bidder is a winning bidder (the total lots), each lot where the aggregate of:\n    (a) the lot size of the lot; and\n    (b) the part or parts of the spectrum that the applicant, or the specified group of persons that includes the applicant, may use in the 1800 MHz band;\n  does not exceed the 1800 MHz allocation limits.\n  (4) If, for a winning bidder, the ACMA identifies one or more of total lots under subsection (3):\n    (a) subject to this instrument, the winning bidder is entitled to be issued a spectrum licence for those lots; and\n    (b) the ACMA must not issue a spectrum licence for the remaining total lots to the winning bidder.\n\n> Note: The winning bidder must still pay the balance of the winning price before being issued the spectrum licence, in accordance with Division 4. The balance of the winning price is calculated on the basis of the lots for which the bidder is the winning bidder, regardless of the effect of this section.\n\n  (5) If no lot can be identified under subsection (3), the ACMA must not issue a spectrum licence for any 1800 MHz lot to that bidder.\n  (6) If, as a result of the operation of this section, a spectrum licence is not issued for a lot for which there is a winning bidder, section 76 applies to that lot.","sortOrder":84},{"sectionNumber":"68","sectionType":"section","heading":"The winning bid price for a lot","content":"#### 68 The winning bid price for a lot\n\n  The winning bid price for a lot won by a winning bidder at auction is:\n    (a) if there is only one bid on the lot – the starting price for the lot; or\n    (b) if there is more than one bid on the lot – the highest bid made for the lot by any bidder, during any round, other than the final high bid.","sortOrder":86},{"sectionNumber":"69","sectionType":"section","heading":"The winning price and the balance of the winning price","content":"#### 69 The winning price and the balance of the winning price\n\n  (1) The winning price for a winning bidder is the sum of the winning bid prices for the lots won by the bidder.\n  (2) The balance of the winning price for a winning bidder is the winning price for the bidder less the amount of any deposit paid by the bidder.","sortOrder":87},{"sectionNumber":"70","sectionType":"section","heading":"Sufficient deposit — issue of spectrum licence without further payment","content":"#### 70 Sufficient deposit – issue of spectrum licence without further payment\n\n  (1) If, for a winning bidder, the balance of the winning price is less than zero:\n    (a) the ACMA must refund the deposit in excess of the total of the winning price for the winning bidder; and\n    (b) the bidder is entitled to be issued a spectrum licence for each part of the spectrum represented by the lots won by the bidder without further payment.\n\n> Note: For the issue of spectrum licences, see section 62 of the Act.\n\n  (2) If, for a winning bidder, the balance of the winning price is zero, the bidder is entitled to be issued a spectrum licence for each part of the spectrum represented by the lots won by the bidder without further payment.\n\n> Note: For the issue of spectrum licences, see section 62 of the Act.","sortOrder":88},{"sectionNumber":"71","sectionType":"section","heading":"Payment of balance of winning price","content":"#### 71 Payment of balance of winning price\n\n  (1) If, for a winning bidder, the balance of the winning price is greater than zero, the ACMA must notify the bidder by registered mail of the lots won by the bidder and the balance of the winning price.\n  (2) The balance of the winning price must be paid to the ACMA on behalf of the Commonwealth no later than 20 working days after the date of the notice.\n\n> Note: For information on how the balance of the winning price must be paid, see section 7.\n\n  (3) If the ACMA becomes aware that a notice under subsection (1) contains a material error, the ACMA must give the winning bidder a revised notice by registered mail.\n  (4) If a revised notice is given under subsection (3), the balance of the winning price must be paid to the ACMA on behalf of the Commonwealth no later than:\n    (a) if the revised notice is given within 20 working days after the date of the original notice – 30 working days after the date of the original notice;\n    (b) in any other case – 10 working days after the date of the revised notice.","sortOrder":89},{"sectionNumber":"72","sectionType":"section","heading":"Issue of spectrum licence","content":"#### 72 Issue of spectrum licence\n\n  If a winning bidder pays the balance of the winning price in accordance with section 71, the winning bidder is entitled to be issued a spectrum licence for each part of the spectrum represented by the lots won by the bidder.\n\n> Note 1: For the issue of spectrum licences, see section 62 of the Act.\n\n> Note 2: Section 67 may affect the ability of the ACMA to issue a spectrum licence to a winning bidder.","sortOrder":90},{"sectionNumber":"73","sectionType":"section","heading":"Default","content":"#### 73 Default\n\n  If a winning bidder does not pay the balance of the winning price in accordance with section 71:\n    (a) the spectrum licence is not allocated to the winning bidder; and\n    (b) the allocation of spectrum licences under this instrument to other applicants is not affected; and\n    (c) section 76 applies to each lot that, but for this section, would have been included in a spectrum licence allocated to the winning bidder.\n\n> Note: See section 86 in relation to the rights of the ACMA and the Commonwealth.","sortOrder":91},{"sectionNumber":"74","sectionType":"section","heading":"Publication of auction results","content":"#### 74 Publication of auction results\n\n  The ACMA must announce or publish the following information about the auction after the end of the auction period:\n    (a) the names of winning bidders;\n    (b) the spectrum allocated to each winning bidder;\n    (c) the winning price for each lot won by each winning bidder.","sortOrder":92},{"sectionNumber":"Part 8","sectionType":"section","heading":"Miscellaneous","content":"#### Part 8—Miscellaneous\n\n#### 75 Simplified outline of this Part\n\nThis Part sets out rules that apply throughout and after the allocation process, including the following rules.\n\nThe ACMA may give notices to applicants or bidders, requiring the production of information or documents.\n\nThe ACMA may provide information or documents obtained in the course of the allocation process to the ACCC.\n\nIn relation to some breaches of the rules set out in this instrument, the ACMA may make a decision by which it retains a deposit paid by, or enforces a deed of financial security provided by, an applicant or bidder. In this case, the applicant or bidder is not entitled to be issued a spectrum licence. The applicant or bidder may apply to the Federal Court for return of the deposit or the amount paid as a result of enforcing the deed of financial security.\n\n#### 76 Unallocated spectrum\n\n  Parts of the spectrum that are offered at auction or for a pre-determined price but not allocated may be later offered for allocation in accordance with Schedule 4.\n\n> Note: Schedule 4 sets out a procedure for the allocation of spectrum licences for a pre-determined price.\n\n#### 77 Bidders must not misuse auction system\n\n  (1) A bidder must only access and use the auction system in accordance with the information about access and use provided under section 51.\n  (2) A bidder must not attempt to interfere with, disrupt or damage the auction system.\n  (3) A bidder must not attempt to use the auction system to breach a law of the Commonwealth.\n\n#### 78 ACMA may obtain information from applicants and bidders\n\n  (1) If the ACMA has reason to believe that an applicant or bidder, or a post-auction applicant within the meaning given by Schedule 4, has information or documents that are relevant to the performance of any of the ACMA’s functions or the exercise of its powers under this instrument, the ACMA may, by written notice, require the applicant, bidder or post-auction applicant:\n    (a) to give to the ACMA, within the period and in the manner and form specified in the notice, any such information; or\n    (b) to produce to the ACMA, within the period and in the manner specified in the notice, any such documents.\n\n> Note: If a requirement in a notice given under this subsection is breached, the ACMA may take action under section 81.\n\n  (2) The ACMA may vary a notice given under subsection (1).\n\n#### 79 Use of information and documents by ACMA\n\n  (1) The ACMA may use information or documents it obtains in the performance of its functions under this instrument:\n    (a) for the purposes of this instrument, including disclosing or publishing information or documents as provided for in this instrument; and\n    (b) in relation to a spectrum licence issued or to be issued as a result of the allocation process or as a result of the process set out in Schedule 4.\n  (2) The ACMA may retain possession of a document or other item given to the ACMA for the purposes of this instrument for as long as necessary for the performance of the ACMA’s functions and exercise of its powers under this instrument or the Act.\n  (3) The ACMA may disclose information or documents in accordance with Part 7A of the Australian Communications and Media Authority Act 2005 or as otherwise authorised by law.\n\n#### 80 ACMA to provide information to ACCC on request\n\n  (1) The ACCC may make a request to the ACMA for information in relation to the allocation process or the process set out in Schedule 4, or in relation to an applicant or bidder, or post-auction applicant within the meaning given by Schedule 4.\n  (2) The ACMA must provide the requested information to the ACCC if the ACMA has the information.\n  (3) Without limiting subsection (1), information that the ACCC may request includes the following:\n    (a) completed application forms;\n    (b) completed preference nomination forms;\n    (c) deeds of confidentiality;\n    (d) information about an applicant’s associates and affiliations;\n    (e) information about any breaches of confidentiality obligations;\n    (f) information about the outcomes of the procedures in Part 5;\n    (g) information about bidding during the auction;\n    (h) information about the outcomes of the procedures in Part 7;\n    (i) post-auction applications, within the meaning given by Schedule 4;\n    (j) information about the outcomes of the procedures in Schedule 4.\n\n#### 81 Retention of deposit or enforcement of deed for breach of procedures\n\n  (1) The ACMA on behalf of the Commonwealth may retain a deposit made by an applicant or bidder, or enforce a deed of financial security given by an applicant or bidder; if:\n    (a) the ACMA is satisfied that:\n    (i) the applicant or bidder, or a related person of the applicant or bidder, breached a provision of this instrument; and\n    (ii) the breach affected, or may have affected, the outcome of the allocation process; or\n    (b) the applicant failed to pay the balance of the pre-determined price as required under section 44; or\n    (c) the bidder is a winning bidder who failed to give the statement required under section 65; or\n    (d) the bidder is a winning bidder who failed to pay the balance of the winning price as required under section 71; or\n    (e) the ACMA is satisfied that the applicant or bidder, or a related person of the applicant or bidder, breached the confidentiality obligations under section 17 after the end of the auction period (but before the confidentiality obligations came to an end); or\n    (f) the applicant or bidder failed to comply with a requirement in a notice given under subsection 78(1).\n  (2) The ACMA must notify the applicant or bidder, in writing, of a decision under subsection (1) and the nature of the breach or failure before the later of:\n    (a) 6 months after:\n    (i) if notice was given to the applicant under subsection 44(1) – the day the notice was given; or\n    (ii) in any other case – the end of the auction period; and\n    (b) 6 months after the day on which the breach or failure mentioned in subsection (1) occurred.\n  (3) A deposit retained under this section, or an amount obtained through enforcement of a deed of financial security, is forfeited to the Commonwealth unless the Federal Court orders the return of the amount under section 84.\n\n#### 82 Effect of retention on allocation to applicants for pre-determined price\n\n  If the ACMA makes a decision under subsection 81(1) in relation to an applicant notified under subsection 44(1):\n    (a) despite subsection 40(5), the ACMA must not issue a spectrum licence to the applicant; and\n    (b) section 76 applies to each lot that, but for this section, would have been included in a spectrum licence allocated to the applicant.\n\n#### 83 Effect of retention on winning bidders\n\n  If the ACMA makes a decision under subsection 81(1) in relation to a winning bidder:\n    (a) despite subsections 67(4), 70(1) and 70(2), and section 72, the ACMA must not issue a spectrum licence to the winning bidder; and\n    (b) section 76 applies to each lot that, but for this section, would have been included in a spectrum licence allocated to the winning bidder.\n\n#### 84 Application to Federal Court for return of retained amount\n\n  (1) An applicant or bidder who has been notified by the ACMA under subsection 81(2) may, within one year of receiving the notice, apply to the Federal Court for return of all or part of a deposit or an amount secured by a deed of financial security.\n  (2) On application, the Federal Court may:\n    (a) if the Court is not satisfied that the applicant or bidder committed the breach or failure identified in the notice given by the ACMA – order the return of all the amount retained by the ACMA; or\n    (b) if the Court is satisfied that the applicant or bidder committed the breach or failure, but considers that it would be disproportionate for the full amount to be retained – order the return of part of the amount retained by the ACMA.\n  (3) This section does not enable the Federal Court to order that a spectrum licence be issued to an applicant or bidder.\n  (4) This section does not remove any existing jurisdiction of a court.\n\n#### 85 Liability of ACMA, auction manager and the Commonwealth\n\n    Neither the ACMA, the auction manager nor the Commonwealth is liable to pay damages or costs arising from an act or omission of any person in relation to the procedures set out in this instrument.\n\n#### 86 Other rights not affected\n\n    This instrument does not limit any other right of action or remedy which the ACMA or the Commonwealth has against a person.\n\n#### 87 Auction manager may delegate functions and powers\n\n  The auction manager may delegate any of the auction manager’s functions and powers under this instrument to:\n    (a) a member of the ACMA; or\n    (b) a member of the ACMA staff that:\n    (i) holds, or is acting in, an Executive Level 1 or 2 position or an equivalent position; or\n    (ii) is an SES employee or acting SES employee.\n\n> Note: SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.","sortOrder":93},{"sectionNumber":"75","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 75 Simplified outline of this Part\n\nThis Part sets out rules that apply throughout and after the allocation process, including the following rules.\n\nThe ACMA may give notices to applicants or bidders, requiring the production of information or documents.\n\nThe ACMA may provide information or documents obtained in the course of the allocation process to the ACCC.\n\nIn relation to some breaches of the rules set out in this instrument, the ACMA may make a decision by which it retains a deposit paid by, or enforces a deed of financial security provided by, an applicant or bidder. In this case, the applicant or bidder is not entitled to be issued a spectrum licence. The applicant or bidder may apply to the Federal Court for return of the deposit or the amount paid as a result of enforcing the deed of financial security.","sortOrder":94},{"sectionNumber":"76","sectionType":"section","heading":"Unallocated spectrum","content":"#### 76 Unallocated spectrum\n\n  Parts of the spectrum that are offered at auction or for a pre-determined price but not allocated may be later offered for allocation in accordance with Schedule 4.\n\n> Note: Schedule 4 sets out a procedure for the allocation of spectrum licences for a pre-determined price.","sortOrder":95},{"sectionNumber":"77","sectionType":"section","heading":"Bidders must not misuse auction system","content":"#### 77 Bidders must not misuse auction system\n\n  (1) A bidder must only access and use the auction system in accordance with the information about access and use provided under section 51.\n  (2) A bidder must not attempt to interfere with, disrupt or damage the auction system.\n  (3) A bidder must not attempt to use the auction system to breach a law of the Commonwealth.","sortOrder":96},{"sectionNumber":"78","sectionType":"section","heading":"ACMA may obtain information from applicants and bidders","content":"#### 78 ACMA may obtain information from applicants and bidders\n\n  (1) If the ACMA has reason to believe that an applicant or bidder, or a post-auction applicant within the meaning given by Schedule 4, has information or documents that are relevant to the performance of any of the ACMA’s functions or the exercise of its powers under this instrument, the ACMA may, by written notice, require the applicant, bidder or post-auction applicant:\n    (a) to give to the ACMA, within the period and in the manner and form specified in the notice, any such information; or\n    (b) to produce to the ACMA, within the period and in the manner specified in the notice, any such documents.\n\n> Note: If a requirement in a notice given under this subsection is breached, the ACMA may take action under section 81.\n\n  (2) The ACMA may vary a notice given under subsection (1).","sortOrder":97},{"sectionNumber":"79","sectionType":"section","heading":"Use of information and documents by ACMA","content":"#### 79 Use of information and documents by ACMA\n\n  (1) The ACMA may use information or documents it obtains in the performance of its functions under this instrument:\n    (a) for the purposes of this instrument, including disclosing or publishing information or documents as provided for in this instrument; and\n    (b) in relation to a spectrum licence issued or to be issued as a result of the allocation process or as a result of the process set out in Schedule 4.\n  (2) The ACMA may retain possession of a document or other item given to the ACMA for the purposes of this instrument for as long as necessary for the performance of the ACMA’s functions and exercise of its powers under this instrument or the Act.\n  (3) The ACMA may disclose information or documents in accordance with Part 7A of the Australian Communications and Media Authority Act 2005 or as otherwise authorised by law.","sortOrder":98},{"sectionNumber":"80","sectionType":"section","heading":"ACMA to provide information to ACCC on request","content":"#### 80 ACMA to provide information to ACCC on request\n\n  (1) The ACCC may make a request to the ACMA for information in relation to the allocation process or the process set out in Schedule 4, or in relation to an applicant or bidder, or post-auction applicant within the meaning given by Schedule 4.\n  (2) The ACMA must provide the requested information to the ACCC if the ACMA has the information.\n  (3) Without limiting subsection (1), information that the ACCC may request includes the following:\n    (a) completed application forms;\n    (b) completed preference nomination forms;\n    (c) deeds of confidentiality;\n    (d) information about an applicant’s associates and affiliations;\n    (e) information about any breaches of confidentiality obligations;\n    (f) information about the outcomes of the procedures in Part 5;\n    (g) information about bidding during the auction;\n    (h) information about the outcomes of the procedures in Part 7;\n    (i) post-auction applications, within the meaning given by Schedule 4;\n    (j) information about the outcomes of the procedures in Schedule 4.","sortOrder":99},{"sectionNumber":"81","sectionType":"section","heading":"Retention of deposit or enforcement of deed for breach of procedures","content":"#### 81 Retention of deposit or enforcement of deed for breach of procedures\n\n  (1) The ACMA on behalf of the Commonwealth may retain a deposit made by an applicant or bidder, or enforce a deed of financial security given by an applicant or bidder; if:\n    (a) the ACMA is satisfied that:\n    (i) the applicant or bidder, or a related person of the applicant or bidder, breached a provision of this instrument; and\n    (ii) the breach affected, or may have affected, the outcome of the allocation process; or\n    (b) the applicant failed to pay the balance of the pre-determined price as required under section 44; or\n    (c) the bidder is a winning bidder who failed to give the statement required under section 65; or\n    (d) the bidder is a winning bidder who failed to pay the balance of the winning price as required under section 71; or\n    (e) the ACMA is satisfied that the applicant or bidder, or a related person of the applicant or bidder, breached the confidentiality obligations under section 17 after the end of the auction period (but before the confidentiality obligations came to an end); or\n    (f) the applicant or bidder failed to comply with a requirement in a notice given under subsection 78(1).\n  (2) The ACMA must notify the applicant or bidder, in writing, of a decision under subsection (1) and the nature of the breach or failure before the later of:\n    (a) 6 months after:\n    (i) if notice was given to the applicant under subsection 44(1) – the day the notice was given; or\n    (ii) in any other case – the end of the auction period; and\n    (b) 6 months after the day on which the breach or failure mentioned in subsection (1) occurred.\n  (3) A deposit retained under this section, or an amount obtained through enforcement of a deed of financial security, is forfeited to the Commonwealth unless the Federal Court orders the return of the amount under section 84.","sortOrder":100},{"sectionNumber":"82","sectionType":"section","heading":"Effect of retention on allocation to applicants for pre-determined price","content":"#### 82 Effect of retention on allocation to applicants for pre-determined price\n\n  If the ACMA makes a decision under subsection 81(1) in relation to an applicant notified under subsection 44(1):\n    (a) despite subsection 40(5), the ACMA must not issue a spectrum licence to the applicant; and\n    (b) section 76 applies to each lot that, but for this section, would have been included in a spectrum licence allocated to the applicant.","sortOrder":101},{"sectionNumber":"83","sectionType":"section","heading":"Effect of retention on winning bidders","content":"#### 83 Effect of retention on winning bidders\n\n  If the ACMA makes a decision under subsection 81(1) in relation to a winning bidder:\n    (a) despite subsections 67(4), 70(1) and 70(2), and section 72, the ACMA must not issue a spectrum licence to the winning bidder; and\n    (b) section 76 applies to each lot that, but for this section, would have been included in a spectrum licence allocated to the winning bidder.","sortOrder":102},{"sectionNumber":"84","sectionType":"section","heading":"Application to Federal Court for return of retained amount","content":"#### 84 Application to Federal Court for return of retained amount\n\n  (1) An applicant or bidder who has been notified by the ACMA under subsection 81(2) may, within one year of receiving the notice, apply to the Federal Court for return of all or part of a deposit or an amount secured by a deed of financial security.\n  (2) On application, the Federal Court may:\n    (a) if the Court is not satisfied that the applicant or bidder committed the breach or failure identified in the notice given by the ACMA – order the return of all the amount retained by the ACMA; or\n    (b) if the Court is satisfied that the applicant or bidder committed the breach or failure, but considers that it would be disproportionate for the full amount to be retained – order the return of part of the amount retained by the ACMA.\n  (3) This section does not enable the Federal Court to order that a spectrum licence be issued to an applicant or bidder.\n  (4) This section does not remove any existing jurisdiction of a court.","sortOrder":103},{"sectionNumber":"85","sectionType":"section","heading":"Liability of ACMA, auction manager and the Commonwealth","content":"#### 85 Liability of ACMA, auction manager and the Commonwealth\n\n    Neither the ACMA, the auction manager nor the Commonwealth is liable to pay damages or costs arising from an act or omission of any person in relation to the procedures set out in this instrument.","sortOrder":104},{"sectionNumber":"86","sectionType":"section","heading":"Other rights not affected","content":"#### 86 Other rights not affected\n\n    This instrument does not limit any other right of action or remedy which the ACMA or the Commonwealth has against a person.","sortOrder":105},{"sectionNumber":"87","sectionType":"section","heading":"Auction manager may delegate functions and powers","content":"#### 87 Auction manager may delegate functions and powers\n\n  The auction manager may delegate any of the auction manager’s functions and powers under this instrument to:\n    (a) a member of the ACMA; or\n    (b) a member of the ACMA staff that:\n    (i) holds, or is acting in, an Executive Level 1 or 2 position or an equivalent position; or\n    (ii) is an SES employee or acting SES employee.\n\n> Note: SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.","sortOrder":106},{"sectionNumber":"Schedule 1","sectionType":"section","heading":"Auction rules","content":"#### Schedule 1—Auction rules\n\n(subsections 4(1) and 55(2))","sortOrder":107},{"sectionNumber":"Schedule 2","sectionType":"section","heading":"Parts of the spectrum","content":"#### Schedule 2—Parts of the spectrum\n\n(subsection 4(1))","sortOrder":125},{"sectionNumber":"Table 1 1800 MHz lots","sectionType":"section","heading":"Table 1 1800 MHz lots","content":"#### Table 1 1800 MHz lots\n\n|      | Column 1   | Column 2 | Column 3              | Column 4              | Column 5 | Column 6                   |\n| ---- | ---------- | -------- | --------------------- | --------------------- | -------- | -------------------------- |\n| Item | Lot number | Lot name | Lower frequency range | Upper frequency range | Lot size | Geographic area            |\n| 1    | 1          | DUBB01   | 1775 MHz–1780 MHz     | 1870 MHz–1875 MHz     | 5 MHz    | Dubbo                      |\n| 2    | 2          | MACK01   | 1775 MHz–1785 MHz     | 1870 MHz–1880 MHz     | 10 MHz   | Mackay                     |\n| 3    | 3          | MARY01   | 1745 MHz–1750 MHz     | 1840 MHz–1845 MHz     | 5 MHz    | Maryborough                |\n| 4    | 4          | REGW01   | 1780 MHz–1785 MHz     | 1875 MHz–1880 MHz     | 5 MHz    | Regional Western Australia |\n| 5    | 5          | TASM01   | 1750 MHz–1755 MHz     | 1845 MHz–1850 MHz     | 5 MHz    | Tasmania                   |","sortOrder":130},{"sectionNumber":"Table 2 2 GHz lots","sectionType":"section","heading":"Table 2 2 GHz lots","content":"#### Table 2 2 GHz lots\n\n|      | Column 1   | Column 2 | Column 3              | Column 4              | Column 5  | Column 6        |\n| ---- | ---------- | -------- | --------------------- | --------------------- | --------- | --------------- |\n| Item | Lot number | Lot name | Lower frequency range | Upper frequency range | Bandwidth | Geographic area |\n| 1    | 6          | CBRB01   | 1920 MHz–1930 MHz     | 2110 MHz–2120 MHz     | 10 MHz    | Canberra B      |\n| 2    | 7          | DARW01   | 1920 MHz–1930 MHz     | 2110 MHz–2120 MHz     | 10 MHz    | Darwin          |\n| 3    | 8          | HOBA01   | 1920 MHz–1930 MHz     | 2110 MHz–2120 MHz     | 10 MHz    | Hobart          |\n| 4    | 9          | ADEL01   | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 5 MHz     | Adelaide        |\n| 5    | 10         | BRIA01   | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 5 MHz     | Brisbane A      |\n| 6    | 11         | CBRA01   | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 5 MHz     | Canberra A      |\n| 7    | 12         | DARW02   | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 5 MHz     | Darwin          |\n| 8    | 13         | HOBA02   | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 5 MHz     | Hobart          |\n| 9    | 14         | PERT01   | 1930 MHz–1935 MHz     | 2120 MHz–2125 MHz     | 5 MHz     | Perth           |\n\n> Note 1: Lots 6, 7 and 8 are first product lots. The remainder are second product lots.\n\n> Note 2: Columns 5 is included for information only. The bandwidth described is the bandwidth of the each of the part of the lot in the lower frequency range and the part of the lot in the upper frequency range.","sortOrder":134},{"sectionNumber":"Table 3 2.3 GHz lots","sectionType":"section","heading":"Table 3 2.3 GHz lots","content":"#### Table 3 2.3 GHz lots\n\n|      | Column 1   | Column 2 | Column 3          | Column 4  | Column 5                  |\n| ---- | ---------- | -------- | ----------------- | --------- | ------------------------- |\n| Item | Lot number | Lot name | Frequency range   | Bandwidth | Geographic area           |\n| 1    | 15         | CAME01   | 2365 MHz–2400 MHz | 35 MHz    | Cameron Corner            |\n| 2    | 16         | CENT01   | 2337 MHz–2365 MHz | 28 MHz    | Central Australia         |\n| 3    | 17         | DELA01   | 2302 MHz–2400 MHz | 98 MHz    | Delamere                  |\n| 4    | 18         | GEKA01   | 2365 MHz–2400 MHz | 35 MHz    | Geraldton/Kalgoorlie      |\n| 5    | 19         | GOLD01   | 2337 MHz–2365 MHz | 28 MHz    | Gold Fields               |\n| 6    | 20         | KIMB01   | 2365 MHz–2400 MHz | 35 MHz    | Kimberley                 |\n| 7    | 21         | MELB01   | 2393 MHz–2400 MHz | 7 MHz     | Melbourne                 |\n| 8    | 22         | RQZW01   | 2337 MHz–2365 MHz | 28 MHz    | Mid West Radio Quiet Zone |\n| 9    | 23         | NSWE01   | 2393 MHz–2400 MHz | 7 MHz     | NSW East                  |\n| 10   | 24         | ACTO01   | 2302 MHz–2330 MHz | 28 MHz    | Outer ACT                 |\n| 11   | 25         | TELF01   | 2302 MHz–2400 MHz | 98 MHz    | Telfer Mine               |\n\n> Note: Column 4 is included for information only.","sortOrder":138},{"sectionNumber":"Table 4 3.4 GHz lots","sectionType":"section","heading":"Table 4 3.4 GHz lots","content":"#### Table 4 3.4 GHz lots\n\n|      | Column 1   | Column 2 | Column 3            | Column 4  | Column 5        |\n| ---- | ---------- | -------- | ------------------- | --------- | --------------- |\n| Item | Lot number | Lot name | Frequency range     | Bandwidth | Geographic area |\n| 1    | 26         | ADEL02   | 3439 MHz–3442.5 MHz | 3.5 MHz   | Adelaide        |\n| 2    | 27         | BRIB01   | 3490 MHz–3492.5 MHz | 2.5 MHz   | Brisbane B      |\n| 3    | 28         | BRIB02   | 3542.5 MHz–3575 MHz | 32.5 MHz  | Brisbane B      |\n| 4    | 29         | CBRA02   | 3490 MHz–3492.5 MHz | 2.5 MHz   | Canberra A      |\n| 5    | 30         | CBRA03   | 3542.5 MHz–3547 MHz | 4.5 MHz   | Canberra A      |\n| 6    | 31         | HOBA03   | 3439 MHz–3442.5 MHz | 3.5 MHz   | Hobart          |\n| 7    | 32         | HOBA04   | 3489 MHz–3492.5 MHz | 3.5 MHz   | Hobart          |\n| 8    | 33         | LAUN01   | 3439 MHz–3442.5 MHz | 3.5 MHz   | Launceston      |\n| 9    | 34         | LAUN02   | 3489 MHz–3492.5 MHz | 3.5 MHz   | Launceston      |\n| 10   | 35         | ROCK01   | 3490 MHz–3492.5 MHz | 2.5 MHz   | Rockhampton     |\n| 11   | 36         | ROCK02   | 3542.5 MHz–3547 MHz | 4.5 MHz   | Rockhampton     |\n| 12   | 37         | SYDB01   | 3542.5 MHz–3546 MHz | 3.5 MHz   | Sydney B        |\n| 13   | 38         | TOOW01   | 3490 MHz–3492.5 MHz | 2.5 MHz   | Toowoomba       |\n| 14   | 39         | TOOW02   | 3542.5 MHz–3547 MHz | 4.5 MHz   | Toowoomba       |\n\n> Note: Column 4 is included for information only.","sortOrder":142},{"sectionNumber":"Schedule 3","sectionType":"section","heading":"Allocation limits","content":"#### Schedule 3—Allocation limits\n\n(section 10)","sortOrder":143},{"sectionNumber":"Schedule 4","sectionType":"section","heading":"Post-auction allocation","content":"#### Schedule 4—Post-auction allocation\n\n(section 76)","sortOrder":145}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":747},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to be a complete, purpose-built instrument for the 2017 multi-band spectrum auction. It does not show evidence of scope creep beyond its original intent — the detailed rules for four specific frequency bands, the three-stage auction structure, and the pre-determined price mechanism all align with a single coherent purpose of allocating spectrum licences through competitive processes."},"complexity_factors":["47+ defined terms in the interpretation section, many cross-referencing other instruments","Three-stage auction structure with different rules for each stage (first, second, third product lots)","Recursive affiliation rules that can chain through multiple companies (sections 12-13)","Nested conditional logic for 1800 MHz allocation limits with multiple exception paths","Extensive cross-referencing between Parts, Schedules, and external legislation (Radiocommunications Act, Corporations Act, etc.)","Multiple payment scenarios with different deadlines and rounding rules","Schedule 1 auction rules with 14 subclauses for information disclosure alone","Exception handling for technical failures, confidentiality breaches, and auction restarts"],"plain_english_summary":"This rulebook sets how the ACMA auctions radio spectrum licences (1800 MHz, 2 GHz, 2.3 GHz, 3.4 GHz), determining who can buy frequencies for mobile and wireless services. It affects telecom companies bidding for capacity, the ACMA running the sale, and the ACCC monitoring competition.\n\nThe rules aim to allocate scarce spectrum fairly, prevent concentration through affiliation checks, and ensure transparent, competitive outcomes while raising public revenue."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"This determination implements the Minister’s direction and sets the operational procedures for allocating specified spectrum lots by auction or by pre‑determined/post‑auction processes. It does not materially expand the subject matter beyond that original purpose. The principal addition relative to a bare policy statement is operational detail (definitions, application/registration forms, staged auction rules, enforcement mechanics and a post‑auction route). Those are implementation details rather than a substantive widening of scope: the instrument confines itself to how the ACMA must allocate the listed lots and how the 1800 MHz allocation limits are to be enforced (see sections 9–10 and Schedule 3)."},"complexity_factors":["Extensive definitions and cross‑references concentrated in section 4 and repeated throughout (dozens of defined expressions covering lots, bid types, persons and documents).","Multiple interlocking Parts and Schedules (Parts 1–8 plus Schedules 1–4) with recursive references (eg. affiliation in ss 11–14 affects Parts 4, 5, 6 and 7).","Recursive and broad affiliation/associate rules (sections 11–14) – 'associate' includes corporate and informal arrangements and is applied recursively to build specified groups.","Staged auction mechanics with conditional logic across stages (Schedule 1 clauses 2, 11) — continue/exit bids, specified‑price calculations, pseudorandom tie‑breaks and multiple end conditions.","Multiple conditional allocation pathways: auction, allocation at pre‑determined price if only one applicant (Part 5), and a separate post‑auction allocation process (Schedule 4) with its own pricing formula.","Discretionary operational powers for ACMA/auction manager (set starting prices and increments, accept alternative bids, stop/restart/cancel rounds) creating many branching outcomes (sections 34, 56, Schedule 1 cl 6, 57–58).","Enforcement regime with retention/enforcement of deposits and bank‑deed requirements, plus Federal Court remedies and notification timing constraints (sections 33, 81–84).","Many documentary and procedural requirements (detailed applicant information package lists in section 28 and Schedule 4 cl 4) and strict form/original‑document rules (33(8), 28(1)(o,q,r)).","A numeric pricing formula in Schedule 4 (clause 2(4)) that introduces a time‑dependent calculation for post‑auction prices (parameters r and z), requiring arithmetic implementation.","Large document repetition in the instrument that increases reading and compliance cost (the instrument repeats many clauses verbatim in multiple places)."],"plain_english_summary":"**What this instrument does (plain language)\n\n- Gives the Australian Communications and Media Authority (ACMA) the detailed rules for offering and allocating a set of radio‑frequency licences by auction (and, in some cases, by fixed/predetermined price).\n- Covers four frequency groups (bands) and describes the individual parcels of spectrum (“lots”): regional 1800 MHz lots, several 2 GHz lots, a number of 2.3 GHz lots and a set of 3.4 GHz lots (see Schedule 2).\n- Implements a specific cap for the 1800 MHz band so that a person (together with their associates) cannot end up using more than the allowance set out in Schedule 3 (25 MHz in each 1725–1785 MHz and 1820–1880 MHz ranges).\n- Establishes who can apply, how to apply, the forms and evidence required (including statutory declarations, deeds and details of associates), application fees, deposits or bank security, and how the ACMA will accept documents and payments (see Parts 4 and Schedule 4).\n- Sets confidentiality obligations for applicants and bidders (including what is confidential, limited permitted disclosures, duties to report breaches and requirement for deeds of confidentiality) (Part 3).\n- Sets the auction mechanics: registration of bidders, staged rounds (first product, second product, third product), how prices move (starting price, specified price, bid increment percentage), bid types (continue and exit bids), rules on who may continue to bid, tie‑breaking (pseudorandom selection) and how winners and winning prices are determined (Part 6 and Schedule 1).\n- Allows ACMA to allocate a licence at a predetermined price without holding an auction if a lot has only one eligible applicant (Part 5).\n- Provides a post‑auction process to offer unallocated lots for sale (Schedule 4), with its own application and pricing method (including a formula for licences starting after 1 February 2018).\n- Gives ACMA enforcement tools: it can retain deposits or enforce deeds of financial security if it is satisfied of certain breaches (section 81), and affected parties may apply to the Federal Court for return of amounts (section 84). ACMA can provide information to the ACCC on request (section 80).\n\nWho this affects\n\n- Mobile network operators and any businesses seeking to acquire the listed spectrum lots (applicants and bidders). They must prepare the application package, pay fees/deposits and supply associate/affiliate information where required (see sections 29–33 and 41(3)).\n- Existing 1800 MHz licensees: their existing holdings are counted when applying the 1800 MHz allocation limits; affiliation with applicants can restrict or change what an applicant may nominate and may prevent issuing licences that would breach the limits (Parts 2 and 7, Schedule 3).\n- ACMA (as the decision maker and auction manager) and the appointed auction manager (who has operational discretion during the auction).\n- ACCC (which can request and receive allocation and participant information from ACMA).\n\nWhy it matters (mechanically)\n\n- Market access and price: it sets the way spectrum is offered, the price mechanics and the penalties for non‑performance. Applicants pay application fees, deposits (10% of the starting‑price total of their nominated preferred lots) and the balance of winning prices (Parts 4, 5 and 7). If they fail to pay, licences are not issued and lots may be re‑offered (sections 44, 46, 71–73, 76).\n- Concentration control: the instrument operationalises a Ministerial direction to cap aggregate 1800 MHz holdings per person/group (section 10 and Schedule 3). That affects bidding strategy and corporate structuring: applicants must disclose associates and may be restricted from nominating or being issued lots because of affiliation rules (sections 11–14, 31–33, 41–43, 65–67).\n- Compliance and administrative burden: participation requires multiple formal documents (application form, preference nomination form, deeds of confidentiality and financial security, statutory declarations). The ACMA has discretionary powers (eg. to change bid increments, to accept bids by other means in limited cases, to stop/restart rounds) which introduce operational risk and uncertainty for bidders (section 34; Schedule 1 clauses 6, 57, 58).\n- Confidentiality and information flows: bidders must keep bidding strategy and bid amounts confidential (Part 3). ACMA may nonetheless share information with ACCC and can require production of documents (sections 79–80).\n\nClaims of purpose and testing them against trade‑offs (selective, mechanical testing)\n\n- Purpose claim (from the instrument): to allocate specified lots of spectrum by competitive means while ensuring the 1800 MHz band does not consolidate beyond the Minister’s limits (see section 9–10). This is implemented by detailed rules for identifying associates, requiring disclosure, restricting nominations and withholding issuance if limits would be exceeded (sections 11–14, 31–33, 41–43, 65–67).\n  - Costs and incentives: the rules increase compliance and disclosure costs for bidders (many forms, deed requirements, bank‑executed financial security) and require bidders to reveal affiliates and commercial arrangements. That raises the administrative and legal costs for entrants and incumbents with complex corporate structures (see sections 28, 29, 33, 41(3)).\n  - Implementation risk and bureaucratic discretion: ACMA/auction manager have several discretionary powers (to set starting prices and bid‑increment %, to accept alternative bidding methods, to restart/stop auctions for exceptional circumstances, to retain deposits if satisfied of breaches). That discretion permits operational flexibility but raises uncertainty and possible disputes about fairness (sections 24, 34, Schedule 1 cl 6, 57, 58, section 81).\n  - Concentrated beneficiaries and diffuse costs: the principal private beneficiaries will be successful bidders who obtain licences; the costs (compliance, deposits, withheld licences) are dispersed across all applicants. Retained deposits as sanctions concentrate gains for the Commonwealth but produce downside litigation risk (sections 81–84).\n  - Substitution effects: the instrument allows post‑auction allocation (Schedule 4) for lots not allocated at auction; that creates a second pathway to acquire spectrum at a pre‑determined price, and may change bidders’ behaviour in the auction (Schedule 4).\n\nOperational summary: who pays, who decides, expected behaviour changes\n\n- Who pays: applicants pay non‑refundable application fees, deposits (10% of nominated starting‑price sum) or provide bank financial security, and winning bidders pay the winning price (or pre‑determined price if allocated without auction). Deposits can be retained for breaches (sections 25, 33, 39–46, 71, 81).\n- Who decides: ACMA runs the process, appoints an auction manager (section 23), sets starting prices and bid increment percentages (sections 26, 34), and has the final decision power over registration, offers, issuance and retention of deposits (sections 51, 40–46, 72–74, 81–83).\n- Behaviour changes: firms will (a) collect and disclose affiliate/associate information, (b) manage cash/reserve requirements for deposits and potential winning payments, (c) adjust bidding strategy to staged rounds and specified‑price mechanics, and (d) avoid arrangements that would be treated as relevant agreements with associates under the instrument or risk forfeiture.\n\nKey implementation frictions to watch\n\n- Affiliation rules are recursive and broad (including informal arrangements) and therefore can create uncertainty about whether a party is treated as an associate (sections 11–14).\n- Heavy documentation and strict form requirements (deeds and statutory declarations; originals for some deeds within tight timeframes) increase operational risk and potential for technical noncompliance (sections 28, 33(8)).\n- ACMA discretion to retain deposits and enforce securities has time limits for notification but nevertheless may prompt litigation (sections 81–84).\n\nPrimary sections to consult for a practical checklist\n\n- What to file and when: sections 27–29, 33, 28 (applicant package).  \n- Confidentiality obligations: sections 16–21.  \n- 1800 MHz allocation limits and affiliation rules: sections 10–14 and Schedule 3.  \n- Auction mechanics and bidding rules: Part 6 and Schedule 1.  \n- Post‑auction offers and re‑offering: Part 5 and Schedule 4.  \n- Enforcement, deposit retention and court remedies: sections 81–84.\n"}},"importantCases":[],"_links":{"self":"/api/acts/radiocommunications-spectrum-licence-allocation-multi-band-auction-determination-2017","history":"/api/acts/radiocommunications-spectrum-licence-allocation-multi-band-auction-determination-2017/history","analysis":"/api/acts/radiocommunications-spectrum-licence-allocation-multi-band-auction-determination-2017/analysis","conflicts":"/api/acts/radiocommunications-spectrum-licence-allocation-multi-band-auction-determination-2017/conflicts","importantCases":"/api/acts/radiocommunications-spectrum-licence-allocation-multi-band-auction-determination-2017/important-cases","documents":"/api/acts/radiocommunications-spectrum-licence-allocation-multi-band-auction-determination-2017/documents"}}