Div 6

Division 6 Registration of bidders

40 Register of bidders

 (1) The ACMA must maintain a register of bidders in the auction in electronic form.

 (2) For each bidder, the register must contain the following:

(a)      the bidder’s name;

(b)      the bidder’s postal address;

(c)      the bidder’s email address;

(d)      the bidder’s telephone number;

(e)      the name, position, postal address, email address and telephone number of a contact person for the bidder;

(f)       the bidder’s start demands for the lots of each product for the first clock round of the primary stage;

(g)      the bidder’s initial eligibility points;

(h)      the bidder’s minimum spectrum requirements (if any) for the lots of each product;

(i)        the bidder’s allocation limits for the lots of the following:

(i)            each product, other than the Perth lower band product and the Perth upper band product;

(ii)         the Perth combined products.

(j)        the bidder’s ABN, ACN or ARBN;

(k)      the names of the bidder’s associates and the nature of their association with the bidder.

 (3) The register may also contain any other information that the ACMA considers necessary or convenient to conduct the auction.

 (4) The ACMA must make changes to the register as soon as practicable after:

(a)      a bidder tells the ACMA of a change in the bidder’s name or contact information, including a change of information for the bidder’s contact person; or

(b)      the ACMA otherwise becomes aware that any of the information on the register is not correct.

41 Registration process

 (1) The ACMA must register a person as a bidder in the auction if and only if:

(a)      the eligibility deadline has passed; and

(b)      the person has:

(i)            made a valid application under section 29 or 35; and

(ii)         made an eligibility payment or given the ACMA on behalf of the Commonwealth a deed of financial security under section 38, or both; and

(c)      the person has not withdrawn, and is not taken to have withdrawn, its application; and

(d)      if a deed of financial security is given – the ACMA is satisfied that the person who executed the deed is a person mentioned in subsection 38(7).

 (2) After the eligibility deadline, the ACMA must tell a bidder in writing that the bidder has been registered and may participate in the auction, and give the bidder the following:

(a)      a copy of the information recorded on the register for the bidder;

(b)      the ACMA’s email address and telephone and fax numbers available for use by bidders;

(c)      information about accessing and using the auction system;

(d)      any items required for access to the auction system;

(e)      information about how to bid by alternative methods if the bidder is unable to make a bid using the auction system.

Note: Information provided to a bidder under this section for the purpose of participating in the auction is defined as confidential information under section 17.

42 Bidders to notify ACMA if register incorrect

 (1) If a bidder knows that any of the information about the bidder or the bidder’s associates on the register is incorrect, the bidder must immediately give the ACMA the correct information.

 (2) The auction manager may correct the information on the register if the auction manager is satisfied that the information is incorrect, such as it containing a clerical error or an obvious mistake or omission.