155Retention of eligibility payment or enforcement of deed of financial security for breach of auction procedures

155  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 allocation process; 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 29 before the confidentiality obligation came to an end; or

 (c) the ACMA is satisfied that the bidder breached section 66; or

 (d) the bidder failed to give a statement required under section 70; or

 (e) the bidder is a winning bidder who failed to pay the balance of the total winning price in accordance with section 89; or

 (f) the applicant or bidder failed to comply with a requirement in a notice given under subsection 152(1).

 (2) The ACMA must, in writing, notify the applicant or bidder of a decision under subsection (1), and the nature of the breach of failure, before the later of:

 (a) 6 months after the end of the allocation period; or

 (b) 6 months after the day on which the breach or failure mentioned in subsection (1) occurred, or first 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 157.