Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 44AAG

Federal Court may make certain orders

             (1)  The Federal Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person is in breach of:

                     (a)  a uniform energy law that is applied as a law of the Commonwealth; or

                     (b)  a State/Territory energy law.

             (2)  If the order declares the person to be in breach of such a law, the order may include one or more of the following:

                     (a)  an order that the person pay a civil penalty determined in accordance with the law;

                     (b)  an order that the person cease, within a specified period, the act, activity or practice constituting the breach;

                     (c)  an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;

                     (d)  an order that the person implement a specified program for compliance with the law;

                     (e)  an order of a kind prescribed by regulations made under this Act.

             (3)  If a person has engaged, is engaging or is proposing to engage in any conduct in breach of:

                     (a)  a uniform energy law that is applied as a law of the Commonwealth; or

                     (b)  a State/Territory energy law;

the Federal Court may, on application by the AER on behalf of the Commonwealth, grant an injunction:

                     (c)  restraining the person from engaging in the conduct; and

                     (d)  if, in the court's opinion, it is desirable to do so--requiring the person to do something.

             (4)  The power of the Federal Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:

                     (a)  if the court is satisfied that the person has engaged in conduct of that kind--whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

                     (b)  if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind--whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.



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