Document ID: chunk:federal_register_of_legislation:C2021C00502:clause:2_221
Version: federal_register_of_legislation:C2021C00502
Segment Type: clause
Provision Reference: sch 2 cl 221
Character Range: 106467–107104

221  After subsection 56(3)
Insert:
 (3A) The Federal Court may include an additional amount in an assessment of damages for an infringement of PBR, if the Court considers it appropriate to do so having regard to:
 (a) the flagrancy of the infringement; and
 (b) the need to deter similar infringements of PBR; and
 (c) the conduct of the party that infringed the PBR that occurred:
 (i) after the act constituting the infringement; or
 (ii) after that party was informed that it had allegedly infringed the PBR; and
 (d) any benefit shown to have accrued to that party because of the infringement; and
 (e) all other relevant matters.