Document ID: chunk:federal_register_of_legislation:C2007C00643:clause:1_165:p2
Version: federal_register_of_legislation:C2007C00643
Segment Type: clause
Provision Reference: sch 1 cl 165 (pt 2/2)
Character Range: 70739–72644

as the court considers appropriate.

Orders

 (7) Without limiting the orders that may be made under this section against a person (the defendant) in respect of a particular access to or a particular communication of information, a court may make an order of one or more of the following kinds:
 (a) an order declaring the access or communication, as the case requires, to have been unlawful;
 (b) an order that the defendant pay to the aggrieved person such damages as the court considers appropriate;
 (c) an order in the nature of an injunction (including a mandatory injunction);
 (d) an order that the defendant pay to the aggrieved person an amount not exceeding the amount that, in the opinion of the court, represents the total gross income derived by the defendant as a result of the access or communication, as the case requires.

Terms etc. of orders

 (8) Without limiting the orders that may be made by a court under this section, an order may:
 (a) include such provisions as the court considers necessary for the purposes of the order; and
 (b) be made either unconditionally or subject to such terms and conditions as the court determines.

Injunctive relief—variation etc.

 (9) A court may revoke or vary an order in the nature of an injunction made by the court under this section.

Punitive damages

 (10) A reference in paragraph (7)(b) to damages includes a reference to damages in the nature of punitive damages.

Minor irregularities in warrants etc.

 (11) Despite subsection (1) of this section, this section does not apply to an accessing that contravenes subsection 108(1) only because of a defect or irregularity (other than a substantial defect or irregularity):
 (a) in, or in connection with the issue of, a document purporting to be a warrant; or
 (b) in connection with the execution of a warrant, or the purported execution of a document purporting to be a warrant.