Part 6 Miscellaneous

6.1 Unsold lots

A lot offered at an auction but unsold 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 a negotiated price.

Note 1 Unsold lots include defaulted lots: see section 5.5.

Note 2 The ACA may make determinations under section 60 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 procedures 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 Giving of information by ACA

Before the ACA allocates a licence, it may announce, or publish a notice of:

(a) the name of the person to whom the licence is to be allocated; and
(b) the highest final price bid for the lots included in the licence, or the pre-determined price for the licence, as appropriate.