Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 572C

  (1)   If:

  (a)   a person has given an undertaking under section   572B; and

  (b)   the undertaking has not been withdrawn or cancelled; and

  (c)   the ACMA or the Home Affairs Minister considers that the person has breached the undertaking;

the ACMA or the Home Affairs Minister may apply to the Federal Court for an order under subsection   (2).

  (2)   If the Federal Court is satisfied that the person has breached the undertaking, the Court may make any or all of the following orders:

  (a)   an order directing the person to comply with the undertaking;

  (b)   an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

  (c)   any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

  (d)   any other order that the Court considers appropriate.

  (3)   The ACMA's power under subsection   (1) is only in relation to undertakings it has accepted. The Home Affairs Minister's power under that subsection is only in relation to undertakings he or she has accepted.