Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152BB

Judicial enforcement of standard access obligations

  (1)   If the Federal Court is satisfied that a carrier or carriage service provider has contravened any of the standard access obligations that are applicable to the carrier or provider, the Court may, on the application of:

  (a)   the Commission; or

  (b)   any person whose interests are affected by the contravention;

make all or any of the following orders:

  (c)   an order directing the carrier or provider to comply with the obligation;

  (d)   an order directing the carrier or provider to compensate any other person who had suffered loss or damage as a result of the contravention;

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

  (1AB)   If the Federal Court is satisfied that an NBN corporation has contravened the rule in subsection   152AXC(1) or (7) or 152AXD(1), the Court may, on the application of:

  (a)   the Commission; or

  (b)   any person whose interests are affected by the contravention;

make all or any of the following orders:

  (c)   an order directing the NBN corporation to comply with that rule;

  (d)   an order directing the NBN corporation to compensate any other person who had suffered loss or damage as a result of the contravention;

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

  (1A)   If the Federal Court is satisfied that a carrier or carriage service provider has contravened an obligation imposed by section   152AYA, the Court may, on the application of:

  (a)   the Commission; or

  (b)   the access seeker who gave the information concerned;

make all or any of the following orders:

  (c)   an order directing the carrier or carriage service provider to comply with the obligation;

  (d)   an order directing the carrier or carriage service provider to compensate any other person who has suffered loss or damage as a result of the contravention;

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

  (2)   The Federal Court may discharge or vary an order granted under this section.

  (3)   This section does not limit section   152BBAA.


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