Document ID: chunk:federal_register_of_legislation:F2017L01255:reg:81
Version: federal_register_of_legislation:F2017L01255
Segment Type: reg
Provision Reference: reg 81
Character Range: 86573–88428

81  Retention of deposit or enforcement of deed for breach of procedures
 (1) The ACMA on behalf of the Commonwealth may retain a deposit 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 instrument; and
 (ii) the breach affected, or may have affected, the outcome of the allocation process; or
 (b) the applicant failed to pay the balance of the pre-determined price as required under section 44; or
 (c) the bidder is a winning bidder who failed to give the statement required under section 65; or
 (d) the bidder is a winning bidder who failed to pay the balance of the winning price as required under section 71; or
 (e) the ACMA is satisfied that the applicant or bidder, or a related person of the applicant or bidder, breached the confidentiality obligations under section 17 after the end of the auction period (but before the confidentiality obligations came to an end); or
 (f) the applicant or bidder failed to comply with a requirement in a notice given under subsection 78(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) if notice was given to the applicant under subsection 44(1) – the day the notice was given; or
 (ii) in any other case – 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) A deposit retained under this section, or an amount obtained through enforcement of a deed of financial security, is forfeited to the Commonwealth unless the Federal Court orders the return of the amount under section 84.