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TELECOMMUNICATIONS ACT 1989No. 53, 1989 - SECT 99
Action for failure to connect value added services or for discrimination
99. (1) Where a carrier contravenes, or proposes to contravene, section 97 or
98, an aggrieved person may apply to the Federal Court for relief.
(2) The relief that may be granted includes an injunction and damages.
(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
carrier from engaging in conduct may be exercised:
(a) whether or not it appears to the Court that the carrier intends to
engage again, or to continue to engage, in conduct of that kind;
(b) whether or not the carrier 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 carrier engages in conduct of that kind.
(5) In this section:
"aggrieved person" includes:
(a) in the case of a contravention of section 97-the person who requested
that the service concerned be connected; and
(b) in the case of a contravention of section 98-the person subjected to
discrimination.
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