74  Notice and refunds to unsuccessful bidders

 (1) As soon as practicable after the end of the auction period, the ACMA must notify each bidder that is not a winning bidder (unsuccessful bidder) that:

 (a) the bidder was unsuccessful in the auction; and

 (b) the bidder’s confidentiality obligation under section 19 will end when the ACMA announces or publishes the information mentioned in subsection 79(1).

 (2) If an unsuccessful bidder made an eligibility payment, the ACMA must refund the eligibility payment no later than 6 months after giving the notice under subsection (1).

 (3) Subsection (2) does not apply if the ACMA has made a decision to retain the eligibility payment under section 85.

Note: Section 85 enables the ACMA to retain an eligibility payment if it is satisfied certain breaches of this instrument have occurred.

Division 2 Winning prices, payment and issue of spectrum licences

Note: This Division is made under section 294 of the Act, and is disallowable under section 42 of the Legislation Act 2003.