Document ID: chunk:federal_register_of_legislation:C2008C00351:clause:2_118k
Version: federal_register_of_legislation:C2008C00351
Segment Type: clause
Provision Reference: sch 2 cl 118K
Character Range: 90771–91735

118K  Enforcement of access undertakings

 (1) This section applies if an access undertaking is in force in relation to a channel B datacasting transmitter licence.

 (2) If:
 (a) the ACCC; or
 (b) any person (the affected person) whose interests are affected by the access undertaking;
thinks that a person (the third person) has breached the access undertaking, the ACCC or affected person may apply to the Federal Court for an order under subsection (3).

 (3) If the Federal Court is satisfied that the third person has breached the access undertaking, the Court may make all or any of the following orders:
 (a) an order directing the third person to comply with the access undertaking;
 (b) an order directing the third person 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.

 (4) The Federal Court may discharge or vary an order granted under this section.