Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118p
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118P
Character Range: 169234–170239

118P  Enforcement of access undertakings

 (1) This section applies if an access undertaking is in force in relation to a digital radio multiplex transmitter licence.

 (2) If:
 (a) the ACCC; or
 (b) a person (the affected person) whose interests are affected by the access undertaking;
thinks that another person (the third person) has breached the access undertaking, the ACCC or the affected person may apply to the Federal Court for an order under subsection (3).

 (3) If the Federal Court is satisfied that the third person has breached the access undertaking, the Court may make all or any of the following orders:
 (a) an order directing the third person to comply with the access undertaking;
 (b) an order directing the third person to compensate any other person who has suffered loss or damage as a result of the breach;
 (c) any other order that the Court thinks appropriate.

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

Subdivision E—External audits