Radiocommunications (Spectrum Licence Allocation—3.4/3.7 GHz Bands) Determination 2023
61Auction manager’s discretion to accept entries and bids
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61 Auction manager’s discretion to accept entries and bids
(1) The auction manager may permit a bidder to make:
(a) an entry in the pre‑bidding round of the primary stage or the secondary stage of an auction; or
(b) a bid for a clock round in the primary stage, a round in the secondary stage, or in an assignment round of an auction;
by a method other than the auction system if the auction manager is satisfied that the bidder is not able to make an entry or a bid using the auction system.
(2) The auction manager may permit a bidder to make:
(a) an entry in the pre‑bidding round of the primary stage or the secondary stage of an auction; or
(b) a bid for a clock round in the primary stage, a round in the secondary stage, or in an assignment round of an auction;
after the end time of the relevant round if the auction manager is satisfied that the bidder could not make the entry or bid (as the case requires) during the round because of technical or communication problems.
(3) An entry or bid permitted to be made by the auction manager under subsection (2) is taken to have been made during the relevant round.
(4) The auction manager must not permit a bidder to make:
(a) an entry under paragraph (2)(a) after information about the outcome of the pre‑bidding round has been provided to bidders; or
(b) a bid under paragraph (2)(b) after information about the outcome of the relevant round has been provided to bidders.
Note 1: See subsections 101(4) and 124(4) for details of the information about the outcome of the pre‑bidding round that will be provided to bidders.
Note 2: See sections 99 and 120, and subsections 143(1) and 144(1) for details of the information about the outcome of a round of an auction that will be provided to bidders.