70Statements about affiliations during an auction

70  Statements about affiliations during an auction

 (a) the ACMA has notified bidders under subsection 69(1) that it has reason to believe the bidders are affiliated; and

 (b) the time at which the ACMA did so (the notice time) occurred during the allocation period, but before the start of the assignment stage of the 3.4 GHz auction.

 (2) As soon as practicable after giving the notice, the ACMA must:

 (a) give each notified bidder details about the identity of all other notified bidders; and

 (b) ask each notified bidder to make a statement about whether the bidder is an affiliate of another person who is a notified bidder and, if so, identifying the other notified bidder and giving details of the affiliation.

 (3) In addition to subsection (2), if the notice time was:

 (a) for the 3.7 GHz auction—after the start of the allocation period but before the end of the primary stage (if there is no secondary stage) or the secondary stage of the auction; or

 (b) for the 3.4 GHz auction—after the start of the pre‑bidding round of the primary stage and before the end of the primary stage (if there is no secondary stage) or the secondary stage of the auction;

then the ACMA must, as soon as practicable before the end of the relevant stage:

 (c) give each primary winner and each secondary winner in the auction details about the identity of all other persons who are:

 (i) primary winners and secondary winners in that auction; and

 (ii) for the 3.4 GHz auction—primary winners and secondary winners in the 3.7 GHz auction; and

 (d) ask each such primary winner and secondary winner to make a statement about whether the winner is an affiliate of another person who is a primary winner or secondary winner and, if so, identifying the other winner and giving details of the affiliation.

 (4) The ACMA must state a deadline, at least 10 working days after the date of the request, before which a statement requested under subsection (2) or (3) must be received by the ACMA.

 (5) A notified bidder, primary winner or secondary winner must give the ACMA a statement requested under subsection (2) or (3) by the deadline.

Note 1: Giving false or misleading information is a serious offence under section 137.1 of the Criminal Code.

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 licence.