Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p27
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 65000–67642

5.4 (4), the ACMA must not issue a spectrum licence to the applicant; and
 (b) the spectrum is taken to be unallocated spectrum under section 8.1.

8.8 Effect of retention on winning bidders

  If the ACMA makes a decision under subsection 8.6 (1) in relation to a winning bidder:
 (a) despite sections 7.7 and 7.9, the ACMA must not issue a spectrum licence to the bidder; and
 (b) the spectrum won by the bidder at auction is taken to be unallocated spectrum under section 8.1.

8.9 Application to Federal Court for return of retained amount

 (1) An applicant or bidder who has been notified by the ACMA under subsection 8.6 (2) may, within 1 year of receiving the notice, apply to the Federal Court for return of all or part of an eligibility payment or an amount secured by a deed of financial security.

 (2) On application, the Federal Court may:
 (a) if the Court is not satisfied that the applicant or bidder committed the breach or failure identified in the notice given by the ACMA—order the return of all of the amount retained by the ACMA; or
 (b) if the Court is satisfied that the applicant or bidder committed the breach or failure, but considers that it would be disproportionate for the full amount to be retained—order the return of part of the amount retained by the ACMA.

 (3) This section does not enable the Federal Court to order that a spectrum licence be issued to an applicant or bidder.

 (4) This section does not remove any existing jurisdiction of a court.

8.10 Liability of ACMA

  Neither the ACMA, the auction manager nor the Commonwealth is liable to pay damages or costs arising from an act or omission of any person in relation to the allocation procedures set out in this Determination.

8.11 Other rights not affected

  This Determination does not limit any other right of action or remedy which the ACMA or the Commonwealth has against a person.

8.12  Auction manager may delegate functions and powers

  The auction manager may delegate any of the auction manager's functions and powers under this Determination to another person in writing.

Schedule 1     Auction rules
(sections 1.4, 3.2, 4.13, 6.6, 7.1, 7.6, 7.7, 7.10 and 8.6)

Part 1 Auction arrangements

1 Rounds of the auction

 (1) Each round of the auction is made up of the following periods and activities:
 (a) the bidding period — during which bidders make their bidding instructions;
 (b) the results period — during which the auction manager works out the high bid on each lot offered, using the auction system, and then provides the results for the round to bidders, using the auction system.

Note   For paragraph