17Right to apply to the Federal Court

17 Right to apply to the Federal Court

(1) If a person who has been denied access to a payment system that is a designated payment system or a special designated payment system (or both) considers that the denial of access constitutes, or is attributable (wholly or partly) to, a breach of a provision of an access regime by a participant, the person may apply to the Federal Court for an order under subsection (3). (2) The person must notify the entity that imposed the access regime (whether the Reserve Bank or a nominated special regulator) of the application to the Federal Court. (2A) The entity may apply to the Federal Court to be joined as a party to the proceedings for the order. (3) If the Federal Court is satisfied that the participant has breached a provision of the access regime, the Court may make all or any of the following orders: (a) an order directing the participant to comply with that provision of the access regime; (b) an order directing the participant to compensate any other person who has suffered loss or damage as a result of the breach; (c) any other order that the Court considers appropriate. (4) The Federal Court may discharge or vary an order made under this section.