Document ID: chunk:federal_register_of_legislation:C2024C00742:section:443:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 443 (pt 1/2)
Character Range: 1017004–1019534

443  Civil action for unauthorised connections to telecommunications networks etc.
 (1) If:
 (a) a person:
 (i) connects customer equipment, or customer cabling, to a telecommunications network, or to a facility, contrary to section 411; or
 (ii) has under his or her control customer equipment, or customer cabling, connected to a telecommunications network, or to a facility, where the equipment or cabling was so connected by another person contrary to section 411; and
 (b) as a result of:
 (i) the connection of the customer equipment or customer cabling to the network or facility; or
 (ii) the customer equipment or customer cabling being used while it was so connected;
  either:
 (iii) damage is caused to the network or the facility; or
 (iv) the manager of the network or facility suffers a loss or incurs a liability;
the manager of the network or facility may apply to the Federal Court for remedial relief.
 (2) The relief that may be granted includes an injunction and, at the option of the manager, either damages or an account of profits.
 (3) If an application is made to the Federal Court for an injunction under this section, the court may grant an interim injunction pending determination of the application.
 (4) The power of the court under this section to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:
 (a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
 (b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
 (5) The power of the court under this section to grant an injunction requiring a person to do an act or thing may be exercised:
 (a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
 (b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act