87Application to Federal Court for return of retained amount

87  Application to Federal Court for return of retained amount

 (1) An applicant or bidder who has been notified by the ACMA under subsection 85(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 (relevant amount).

 (2) On application, the Federal Court may:

 (a) if the Court is not satisfied that the breach identified in the notice was committed – order the return of all of the relevant amount; or

 (b) if the Court is satisfied that the breach identified in the notice was committed, but considers that it would be disproportionate for the Commonwealth to keep the relevant amount – order the return of part of the relevant amount.

 (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.