33Deeds of confidentiality—related persons and contractors

33  Deeds of confidentiality—related persons and contractors

 (1) A person must give the ACMA a deed of confidentiality if:

 (a) the person is a related person of an applicant or bidder; and

 (b) the person has knowledge of confidential information of the applicant or bidder; and

 (c) the person is either or both of the following:

 (i) an employee of the applicant or bidder;

 (ii) an employee of a related body corporate of the applicant or bidder that provides services to the applicant or bidder.

 (2) A person must give the ACMA a deed of confidentiality if:

 (a) the person is a contractor of an applicant or bidder; and

 (b) the person has knowledge of confidential information of the applicant or bidder.

 (3) Subsection (2) does not apply to a contractor engaged:

 (a) for the sole purpose of providing, in the contractor’s professional capacity, advice relating to the allocation process; or

 (b) for the sole purpose of obtaining finance to make a payment in relation to the allocation process.

 (4) If a person to whom subsection (1) or (2) applies receives knowledge of the applicant’s confidential information before the application deadline or new application deadline (if there is one), the person must give the ACMA the deed of confidentiality before the relevant deadline.

Note: A deed of confidentiality form must be provided by the ACMA as part of the applicant information package published on the ACMA’s website: see paragraphs 26(1)(h) and 27(1)(k).

Division 2—Applying to be registered