Document ID: chunk:federal_register_of_legislation:F2018L00366:reg:43
Version: federal_register_of_legislation:F2018L00366
Segment Type: reg
Provision Reference: reg 43
Character Range: 34013–35450

43  Retention of deposit or enforcement of deed for breach of procedures

       (1)  The ACMA on behalf of the Commonwealth may retain a deposit made by an applicant, or enforce a deed of financial security given by an applicant; if:
        (a)  the ACMA is satisfied that:
 (i) the applicant or a related person of the applicant, breached a provision of this Determination; and
             (ii)  the breach affected, or may have affected, the outcome of the allocation process; or
           (b) the applicant is a successful applicant who failed to pay the balance of the winning price as required under section 25; or
           (c) the applicant failed to pay the balance of the reserve price as required under section 32; or
           (d) the applicant or authorised agent failed to comply with a requirement in a notice given under subsection 35(1).

       (2) The ACMA must notify the applicant, in writing, of a decision under subsection (1) and the nature of the breach or failure before the later of:
           (a) 6 months after the end of the Licence Allocation Exercise; and
           (b) 6 months after the day on which the breach or failure mentioned in subsection (1) occurred.

       (3) A deposit retained under this section, or an amount obtained through enforcement of a deed of financial security, is forfeited to the Commonwealth unless the Federal Court orders the return of the amount under section 45.