Document ID: chunk:federal_register_of_legislation:F2020L01453:clause:4_66:p5
Version: federal_register_of_legislation:F2020L01453
Segment Type: clause
Provision Reference: sch 4 cl 66 (pt 5/5)
Character Range: 111622–113011

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 of 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.