TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 564 564 Injunctions

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 564

Restraining injunctions

(1) If a person has engaged, is engaging or is proposing to engage, in any
conduct in contravention of this Act, the Federal Court may, on the
application of the Minister, the ACA or the ACCC, grant an injunction:

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

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

Performance injunctions

(2) If:

   (a)  a person has refused or failed, or is refusing or failing, or is
        proposing to refuse or fail, to do an act or thing; and

   (b)  the refusal or failure was, is or would be a contravention of this
        Act; the Federal Court may, on the application of the Minister, the
        ACA or the ACCC, grant an injunction requiring the person to do that
        act or thing.

Limit on standing of the ACA

(3) Despite subsections (1) and (2), the ACA is not entitled to apply for an
injunction in relation to a contravention of:

   (a)  the carrier licence condition set out in Part 1 of Schedule 1 in so
        far as that condition relates to section 369; or

   (b)  a carrier licence condition set out in Part 3 or 4 of Schedule 1; or

   (c)  the service provider rule set out in Part 1 of Schedule 2 in so far as
        that rule relates to section 369; or

   (d)  the carrier licence condition set out in section 152AZ of the
        Trade Practices Act 1974; or

   (e)  the service provider rule set out in subsection 152BA(2) of the
        Trade Practices Act 1974. Note 1: Section 369 deals with Rules of
        Conduct under section 367. Note 2: Parts 3 and 4 of Schedule 1 deal
        with access to supplementary facilities and network information. Note
        3: Section 152AZ of the Trade Practices Act 1974 deals with standard
        access obligations. Note 4: Subsection 152BA(2) of the
        Trade Practices Act 1974 provides that a carriage service provider
        must comply with any standard access obligations that are applicable
        to the provider.