Document ID: chunk:federal_register_of_legislation:C2025C00055:section:55a
Version: federal_register_of_legislation:C2025C00055
Segment Type: section
Provision Reference: s 55A
Character Range: 435369–437208

55A  Proceedings in the Federal Court or Federal Circuit and Family Court of Australia (Division 2) to enforce a determination
 (1) The following persons may commence proceedings in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order to enforce a determination:
 (a) if the determination was made under subsection 52(1)—the complainant;
 (b) the Commissioner.
 (2) If the court is satisfied that the person or entity in relation to which the determination applies has engaged in conduct that constitutes an interference with the privacy of an individual, the court may make such orders (including a declaration of right) as it thinks fit.
 (3) The court may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.
 (4) The court is not to require a person, as a condition of granting an interim injunction, to give an undertaking as to damages.
 (5) The court is to deal by way of a hearing de novo with the question whether the person or entity in relation to which the determination applies has engaged in conduct that constitutes an interference with the privacy of an individual.
 (6) Despite subsection (5), the court may receive any of the following as evidence in proceedings about a determination made by the Commissioner under section 52:
 (a) a copy of the Commissioner's written reasons for the determination;
 (b) a copy of any document that was before the Commissioner;
 (c) a copy of a record (including any tape recording) of any hearing before the Commissioner (including any oral submissions made).
 (7A) In conducting a hearing and making an order under this section, the court is to have due regard to the objects of this Act.
 (8) In this section:
complainant, in relation to a representative complaint, means any of the class members.