Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1989No. 53, 1989 - SECT 69

69. (1) Where a person has engaged, or is proposing to engage, in conduct that
involves, or would involve, an infringement of an exclusive right that a
carrier has under this Part, the carrier may, with the written consent of
AUSTEL, apply to the Federal Court for relief.

(2) The relief that may be granted includes an injunction and, at the option
of the plaintiff, either damages or an account of profits.

(3) Where, in the opinion of the Federal Court, it is desirable to do so, the
Court may grant an interim injunction pending determination of an application
under subsection (1).

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

   (a)  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;

   (b)  whether or not the person has previously engaged in conduct of that
        kind; and

   (c)  whether or not there is imminent danger of substantial damage to any
        person if the first-mentioned person engages in conduct of that kind.