Document ID: chunk:federal_register_of_legislation:C2024C00823:section:50
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 50
Character Range: 109056–110297

50  Civil proceedings
 (1) If a person (the defendant):
 (a) operates a radiocommunications device in a way that is not in accordance with any licence; and
 (b) that operation causes interference to radiocommunications carried on by another person (the plaintiff) under a spectrum licence;
the plaintiff may apply to the Federal Court for relief.
 (2) The court may grant all or any of the following forms of relief:
 (a) an injunction restraining the defendant from causing such interference, from causing interference of a similar kind or from causing or permitting others to cause interference of the same or a similar kind;
 (b) an order directing the defendant to do a specified act for the purpose of:
 (i) placing the plaintiff as nearly as practicable in the position in which he or she would have been but for the interference; or
 (ii) otherwise mitigating detriment to the plaintiff arising out of the interference;
 (c) damages against the defendant in respect of loss suffered by the plaintiff as a result of the interference, including loss of any benefit that the plaintiff might reasonably have been expected to obtain but for the interference;
 (d) such other relief as the court thinks just.

Part 3.2—Spectrum licences