Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p42
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 109803–112540

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 may be exercised whether or not:

    (a) it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

    (b) the person has previously engaged in conduct of that kind; or

    (c) there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

Factors relevant to granting a mandatory injunction

"44ZZI. The power of the Federal Court to grant an injunction under section 44ZZD or 44ZZE requiring a person to do a thing may be exercised whether or not:

    (a) it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; or

    (b) the person has previously refused or failed to do that thing; or

    (c) there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that thing.

Enforcement of access undertakings

"44ZZJ.(1) If the Commission thinks that the provider of an access undertaking in operation under section 44ZZA has breached any of its terms, the Commission may apply to the Federal Court for an order under subsection (2).

"(2) If the Federal Court is satisfied that the provider has breached a term of the undertaking, the Court may make all or any of the following orders:

    (a) an order directing the provider to comply with that term of the undertaking;

    (b) an order directing the provider to compensate any other person who has suffered loss or damage as a result of the breach;

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

"(3) The Federal Court cannot make an order under this section unless:

    (a) the provider is a corporation; or

    (b) the breach relates to access to the service by a third party that is a corporation; or

    (c) the breach involves access to the service in the course of, or for the purposes of, constitutional trade or commerce.

Discharge or variation of injunction or other order

"44ZZK. The Federal Court may discharge or vary an injunction or order granted under this Division.

"Division 8—Miscellaneous

Register of determinations

"44ZZL. The Commission must maintain a public register that specifies the following information for each determination:

    (a) the names of the parties to the determination;

    (b) the service to which the determination relates;

    (c) the date on which the determination was made.

Commission may perform