Document ID: chunk:federal_register_of_legislation:F2018L01065:clause:3_64:p5
Version: federal_register_of_legislation:F2018L01065
Segment Type: clause
Provision Reference: sch 3 cl 64 (pt 5/5)
Character Range: 103627–105559

notified by the ACMA under subsection 75(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.
 (2) On application, the Federal Court may:
(a)      if the Court is not satisfied that the applicant or bidder committed the breach 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, 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.

78 No liability of the ACMA, etc.
  Neither the ACMA, the Commonwealth, nor the auction manager is liable to pay damages or costs arising from an act or omission of any person in relation to the auction procedures set out in this instrument.

79 Other rights not affected
  This instrument does not limit any other right of action or remedy which the ACMA or the Commonwealth has against a person.

80 Auction manager may delegate functions and powers
  The auction manager may delegate any of the auction manager's functions and powers under this instrument to:
(a)      a member within the meaning given by the Australian Communications and Media Authority Act 2005; or
(b)      a member of the ACMA staff that:
(i)            holds, or is acting in, an Executive Level 1 or 2 position or an equivalent position; or
(ii)         is an SES employee or acting SES employee.
          Note: SES employee and acting SES employee are defined in the Public Service Act 1999 and referred to in the Acts Interpretation Act 1901.