23  Deed of confidentiality required from related persons and contractors

 (1) A related person of an applicant or bidder who has knowledge of confidential information of the applicant or bidder must give the ACMA a deed of confidentiality if the person is:

 (a) an employee of the applicant or bidder; or

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

 (2) A contractor of an applicant or bidder who has knowledge of confidential information of the applicant or bidder must give the ACMA a deed of confidentiality.

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

 (a) for the purpose of obtaining advice relating to the auction 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 auction.

 (4) If a person to whom paragraph (1)(a) or (1)(b), or subsection (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 on the ACMA’s website: www.acma.gov.au. See paragraphs 29(1)(h) and 30(1)(k).

Part 4—Procedures before auction

Division 1 Preliminary