17Obligation not to disclose confidential information

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 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.

Note: In some cases, the person to whom the information is disclosed may become a related person who is required to give a deed of confidentiality to the ACMA – see section 21.

(3) Subsection (1) does not prohibit an applicant or bidder, or a related person of an applicant or bidder, disclosing information about the allocation process if: (a) the information is already publicly available; and (b) the information was not made available because of a breach of this section.