Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118nz
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118NZ
Character Range: 168004–169234

118NZ  Judicial enforcement of access obligations etc.

 (1) If the Federal Court is satisfied that a digital radio multiplex transmitter licensee, or a person authorised by a digital radio multiplex transmitter licensee to operate a multiplex transmitter under the licence, has contravened any of the following obligations:
 (a) the standard access obligations (if any) that are applicable to the licence;
 (b) the excess‑capacity access obligations (if any) that are applicable to the licence;
 (c) the distributed‑capacity access obligations (if any) that are applicable to the licence;
 (d) the obligations that are applicable to the licence under section 118NP;
the Court may, on the application of:
 (e) the ACCC; or
 (f) any person whose interests are affected by the contravention;
make all or any of the following orders:
 (g) an order directing the licensee or the person so authorised to comply with the obligation;
 (h) an order directing the licensee or the person so authorised to compensate any other person who had suffered loss or damage as a result of the contravention;
 (i) any other order that the Court thinks appropriate.

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