Radiocommunications (Spectrum Licence Allocation – 700 MHz Band) Determination 2016
Part 3Confidentiality
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Part 3—Confidentiality
15 Simplified outline of this Part
This Part imposes a confidentiality obligation on participants in the allocation process.
A person who makes an application to be registered as a bidder in an auction must keep particular information confidential, including information about the person’s bidding strategy and about the amount the person is willing to pay for a spectrum licence, subject to some permitted disclosures (such as to the ACMA).
Others who know this information may also be subject to an obligation to keep the information confidential (including some employees of the person).
There is also an obligation on the person making the application to report any disclosures of confidential information.
16 Meaning of confidential information
In this instrument, confidential information, in relation to an applicant or bidder, means: (a) documents the applicant or bidder has given to the ACMA for the purpose of the allocation process; and (b) information provided to the bidder under subsection 53(2) for the purpose of participating in an auction; and (c) a bid made by the bidder in the auction; and (d) a bid proposed to be made by the applicant or bidder or a bid under consideration by the applicant or bidder; and (e) the applicant’s or bidder’s bidding strategy; and (f) the amount the applicant or bidder is willing to pay for: (i) the 10 MHz lot; or (ii) the 5 MHz lot; or (iii) both the 10 MHz lot and the 5 MHz lot; and (g) information that, if disclosed, could be reasonably expected to affect or be capable of affecting: (i) bids made or proposed to be made by another applicant or bidder; or (ii) another applicant or bidder’s bidding strategy; and (h) information that, if disclosed, could be reasonably expected to affect or be capable of affecting the outcome of the allocation process.
17 Obligation not to disclose confidential information
(1) An applicant or bidder, or a related person who has knowledge of the applicant’s or bidder’s confidential information, must not, either directly or indirectly, disclose the applicant’s or bidder’s confidential information about the allocation process to any person. (2) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, disclosing information about the allocation process: (a) for the purpose of obtaining advice relating to the allocation process from a person in the person’s professional capacity; or (b) for the purpose of obtaining finance to make a payment in relation to the allocation process; or (c) to the ACMA; or (d) for an applicant or bidder – to a related person of that applicant or bidder; or (e) for a related person of an applicant or bidder – to that same applicant or bidder, or to another related person of the same applicant or bidder; or (f) as authorised by this instrument or as otherwise required by law.