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COMPETITION AND CONSUMER ACT 2010 - SECT 151CB Orders to disclose information or publish an advertisement--breach of the competition rule

COMPETITION AND CONSUMER ACT 2010 - SECT 151CB

Orders to disclose information or publish an advertisement--breach of the competition rule

  (1)   If, on the application of the Commission, the Federal Court is satisfied that a person (the first person ) has engaged in conduct constituting a contravention of the competition rule, the Court may make either or both of the following orders:

  (a)   an order requiring the first person, or a person involved in the contravention, to disclose to the public, or to one or more specified persons, in such manner as is specified in the order, specified information, where the information is:

  (i)   in the possession of the first person; or

  (ii)   information to which the first person has access;

  (b)   an order requiring the first person, or a person involved in the contravention, to publish, at the person's own expense, in a manner and at times specified in the order, advertisements the terms of which are specified in, or are to be determined in accordance with, the order.

  (2)   Subsection   (1) does not limit section   151CA.

  (3)   An application under subsection   (1) must not be made in relation to a contravention of the competition rule unless the alleged conduct is of a kind dealt with in a Part A competition notice that was in force in relation to the carrier or carriage service provider concerned at the time when the alleged conduct occurred.

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