Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152BCQ

Private enforcement of access determinations

             (1)  If the Federal Court is satisfied, on the application of:

                     (a)  an access seeker; or

                     (b)  a carrier; or

                     (c)  a carriage service provider;

that a person has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of an access determination, the Court may make any or all of the following orders:

                     (d)  an order granting an injunction on such terms as the Court thinks appropriate:

                              (i)  restraining the person from engaging in the conduct; or

                             (ii)  if the conduct involves refusing or failing to do something--requiring the person to do that thing;

                     (e)  an order directing the person to compensate the applicant for loss or damage suffered as a result of the contravention;

                      (f)  any other order that the Court thinks appropriate.

             (2)  The revocation or expiry of an access determination does not affect any remedy under subsection (1) in respect of a contravention of the access determination that occurred when the access determination was in force.

             (3)  If the Federal Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned.

             (4)  A reference in this section to a person involved in the contravention is a reference to a person who has:

                     (a)  aided, abetted, counselled or procured the contravention; or

                     (b)  induced the contravention, whether through threats or promises or otherwise; or

                     (c)  been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or

                     (d)  conspired with others to effect the contravention.



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