Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:87
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 87
Character Range: 152095–153076

87  Application to Federal Court for return of retained amount
 (1) An applicant or bidder who has been notified by the ACMA under subsection 85(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 obtained through enforcement of a deed of financial security (relevant amount).
 (2) On application, the Federal Court may:
 (a) if the Court is not satisfied that the breach identified in the notice was committed – order the return of all of the relevant amount; or
 (b) if the Court is satisfied that the breach identified in the notice was committed, but considers that it would be disproportionate for the Commonwealth to keep the relevant amount – order the return of part of the relevant amount.
 (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.