Commonwealth Consolidated Acts

PAYMENT SYSTEMS (REGULATION) ACT 1998 - SECT 17

             (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.