Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:12_116aq
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 12 cl 116AQ
Character Range: 290295–291891

116AQ  Remedies in actions under this Subdivision

 (1) Without limiting the relief that a court may grant in an action under this Subdivision, the relief may include:
 (a) an injunction, subject to such terms, if any, as the court thinks fit; and
 (b) damages or an account of profits; and
 (c) if the doing of an act, which is the subject of the action, involved a circumvention device—an order that the circumvention device be destroyed or dealt with as specified in the order.

 (2) In assessing damages, the court may award such additional damages as it considers appropriate, having regard to:
 (a) the flagrancy of the defendant's acts that are the subject of the action; and
 (b) the need to deter similar acts; and
 (c) the conduct of the defendant after the acts or, if relevant, after the defendant was informed that the defendant had allegedly done an act that would be the subject of an action under this Subdivision; and
 (d) any benefit shown to have accrued to the defendant as a result of those acts; and
 (e) any other relevant matters.

 (3) If:
 (a) an action has been commenced against a person under this Subdivision; and
 (b) the doing of an act by the person, which is the subject of the action, involved a device; and
 (c) the device appears to the court to be a circumvention device;
the court may order that the device be delivered up to the court upon such conditions as the court considers appropriate.

 (4) This section does not, by implication, affect the interpretation of any other provision of this Act.

Subdivision B—Electronic rights management information