Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p41
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 107218–110059

in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or

(d) conspired with others to effect the contravention.

Enforcement of prohibition on hindering access

"44ZZE.(1) If the Federal Court is satisfied, on the application of any person, that another person (the 'obstructor') has engaged, is engaging, or is proposing to engage in conduct constituting a contravention of section 44ZZ, the Court may make all or any of the following orders:

    (a) an order granting an injunction on such terms as the Court thinks appropriate:

        (i) restraining the obstructor from engaging in the conduct; or

        (ii) if the conduct involves refusing or failing to do something—requiring the obstructor to do that thing;

    (b) an order directing the obstructor to compensate a person who has suffered loss or damage as a result of the contravention;

    (c) any other order that the Court thinks appropriate.

"(2) If the Federal Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned.

"(3) The grounds on which the Court may decide not to make an order under this section include the ground that Divisions 2 and 3 provide a more appropriate way of dealing with the issue of the applicant's access to the service concerned.

"(4) A reference in this section to a person involved in the contravention is a reference to a person who has:

    (a) aided, abetted, counselled or procured the contravention; or

    (b) induced the contravention, whether through threats or promises or otherwise; or

    (c) been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or

    (d) conspired with others to effect the contravention.

Consent injunctions

"44ZZF. On an application for an injunction under section 44ZZD or 44ZZE, the Federal Court may grant an injunction by consent of all of the parties to the proceedings, whether or not the Court is satisfied that the section applies.

Interim injunctions

"44ZZG.(1) The Federal Court may grant an interim injunction pending determination of an application under section 44ZZD or 44ZZE.

"(2) If the Commission makes an application under section 44ZZE to the Federal Court for an injunction, the Court must not require the Commission or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.

Factors relevant to granting a restraining injunction

"44ZZH. The power of the Federal Court to grant an injunction under section 44ZZD or 44ZZE restraining a person from engaging in conduct