Part 6Miscellaneous

Part 6 Miscellaneous

6.1 Unallocated lots

A lot offered at an auction but unallocated may be allocated by the ACA, as the ACA determines:

(a) by another auction; or

(b) by tender; or

(c) by allocation for a pre-determined price or

(d) by allocation for a negotiated price.

Note 1 Unallocated lots include defaulted lots: see sections 3.4, 3.8 and 5.5.

Note 2 The ACA may make determinations under section 106 of the Act about allocations other than by auction.

6.2 Liability of ACA

The ACA is not liable to pay damages or costs arising from an act or omission of any person in relation to the allocation process set out in this determination.

6.3 Recovery of damages by ACA

This determination is without prejudice to any right of action or remedy which the ACA has or may have against any person which arose or arises under the Deed of Acknowledgment, Deed of Financial Security, statute, common law, equity or otherwise.

6.4 ACA may obtain information from applicants

(1) This clause applies to an applicant if the ACA has reason to believe that the applicant has information or documents that are relevant to the performance of any of the ACA’s functions under this determination.

(2) The ACA may, by written notice to an applicant, require the applicant to give the ACA that information and those

documents, within the period and in the manner and form specified in the notice.

(3) An applicant must comply with a requirement under subsection (2).

6.5 Information provided by the ACA

Before the ACA issues an SL, it may announce, or publish a notice of:

(a) the name of the person to whom the SL is to be issued; and

(b) the highest final price bid for the SL, or the predetermined price for the SL, as appropriate.

6.6 Information provided by applicant

(1) An original document given to the ACA by a person for the purposes of the allocation process set out in this determination (including a document that contains intellectual property) becomes the property of the ACA.

Note Subsection (1) does not apply to a document that establishes an individual’s identity.

(2) The ACA may use information provided by an applicant for the purposes of the ACA.

6.7 Refunds of payments under Deed of Financial Security

Where an amount paid under a Deed of Financial Security is refundable under this determination, the ACA must pay that amount to the applicant, or the withdrawn applicant, who gave the ACA the Deed of Financial Security under which the payment was made.