Document ID: chunk:federal_register_of_legislation:F2018L01065:clause:3_64:p4
Version: federal_register_of_legislation:F2018L01065
Segment Type: clause
Provision Reference: sch 3 cl 64 (pt 4/5)
Character Range: 101174–103848

(e)      information about bidding during the auction;
(f)       information about the outcomes of the procedures in Part 6.

75 Retention of eligibility payment or enforcement of deed of financial security for breach of auction 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, or a contractor of the applicant or bidder, breached a provision of this instrument; and
(ii)         the breach affected, or may have affected, the outcome of the auction; or
(b)      the ACMA is satisfied that the applicant or bidder, or a related person of the applicant or bidder, or a contractor of the applicant or bidder, breached the confidentiality obligation under section 18 after the auction period (but before the confidentiality obligation came to an end); or
(c)      the ACMA is satisfied that the bidder breached section 52; or
(d)      the bidder is a winning bidder who failed to give the statement required under section 58; or
(e)      the bidder is a winning bidder who failed to pay the balance of the winning price as required under section 66; or
(f)       the applicant or bidder failed to comply with a requirement in a notice given under subsection 72(1).
 (2) The ACMA must, in writing, notify the applicant or bidder 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 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 77.

76 Effect of retention on winning bidders
  If the ACMA makes a decision under subsection 75(1) in relation to a winning bidder:
(a)      despite sections 65 and 67, the ACMA must not issue a spectrum licence to the bidder; and
(b)      the spectrum assigned to the lots allocated to the bidder at auction is taken to be unallocated.

77 Application to Federal Court for return of retained amount
 (1) An applicant or bidder who has been 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