Document ID: chunk:federal_register_of_legislation:F2015L01373:body:0:p26
Version: federal_register_of_legislation:F2015L01373
Segment Type: other
Provision Reference: 
Character Range: 62567–65229

Part 5;
 (g) information about bidding during the auction;
 (h) information about the outcomes of the procedures in Part 7.

8.6 Retention of eligibility payment or enforcement of deed for breach of procedures

 (1) The ACMA on behalf of the Commonwealth may retain an eligibility payment made by an applicant or bidder, or enforce a deed of financial security given by an applicant or bidder, if:
 (a) the ACMA is satisfied that:
 (i) the applicant or bidder, or a related person of the applicant or bidder, 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 failed to pay the full balance of the pre-determined price for all spectrum licences as required under subsection 5.5 (2); or
 (c) the ACMA is satisfied that the bidder breached section 6.10; or
 (d) the bidder is a winning bidder who failed to give the statement required under section 7.3; or
 (e) the bidder is a winning bidder who failed to pay the balance of the winning price as required under section 7.8; or
 (f) the bidder failed to pay the amount of all bid withdrawal penalties as required under clause 18 in Schedule 1; or
 (g) the ACMA is satisfied that the applicant or bidder, or a related person of the applicant or bidder, breached the confidentiality obligations under section 3.2 after the end of the auction period (but before the confidentiality obligations came to an end); or
 (h) the applicant or bidder failed to comply with a requirement in a notice given under subsection 8.3 (1).

 (2) The ACMA must notify the applicant or bidder, in writing, of a decision under subsection (1) and the nature of the breach or failure before the later of:
 (a) 6 months after:
   (i) the notification under subsection 5.4 (5); or
  (ii) the end of the auction period; and
 (b) 6 months after the day on which the breach or failure mentioned in subsection (1) occurred.

 (3) An eligibility payment retained under this section, or an amount obtained through enforcement of a deed of financial security under this section, is forfeited to the Commonwealth unless the Federal Court orders the return of the amount under section 8.9.

8.7 Effect of retention on allocation to applicants for pre-determined price

  If the ACMA makes a decision under subsection 8.6 (1) in relation to an applicant notified under subsection 5.4 (5):
 (a) despite subsection 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