Document ID: chunk:federal_register_of_legislation:F2018L00366:reg:45
Version: federal_register_of_legislation:F2018L00366
Segment Type: reg
Provision Reference: reg 45
Character Range: 35701–36755

45  Application to Federal Court for return of retained amount

       (1) An applicant who has been notified by the ACMA under subsection 43(2) may, within one year of receiving the notice, apply to the Federal Court for return of all or part of a deposit 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 authorised agent committed the breach or failure identified in the notice given by the ACMA – order the return of all the amount retained by the ACMA; or
           (b) if the Court is satisfied that the applicant or authorised agent 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 commercial broadcasting licence be allocated to an applicant.

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