Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PAYMENT SYSTEMS (REGULATION) ACT 1998 - SECT 17

Right to apply to the Federal Court

  (1)   If a person who has been denied access to a designated payment system 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 Reserve Bank of the application to the Federal Court. The Reserve Bank 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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback