Document ID: chunk:federal_register_of_legislation:F2020L01453:clause:4_66:p4
Version: federal_register_of_legislation:F2020L01453
Segment Type: clause
Provision Reference: sch 4 cl 66 (pt 4/5)
Character Range: 109223–111845

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 17 before the confidentiality obligation came to an end; or
(c)      the ACMA is satisfied that the bidder breached section 56; or
(d)      the bidder is a primary winner or secondary winner who failed to give the statement, if required, under section 60; or
(e)      the bidder is a winning bidder who failed to:
(i)            pay the balance of the winning price in accordance with Schedule 4; or
(ii)         comply with the requirements to pay the balance of the winning price in accordance with Schedule 4; 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 section 67 and clause 5 of Schedule 4, 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 financial security.
 (2) On application, the Federal Court may:
(a)      if the Court is not satisfied that the applicant or bidder committed the breach identified in the notice given by the ACMA – order the return of all of the amount retained by the ACMA; or
(b)      if the Court is satisfied that the applicant 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