Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p40
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
Provision Reference: 
Character Range: 104533–107482

make submissions to the Commission on the undertaking; and

    (b) considered any submissions that were received within the time limit specified by the Commission when it published the undertaking.

"(5) If the Commission accepts the undertaking:

    (a) the undertaking comes into operation at the time of acceptance; and

    (b) the undertaking continues in operation until its expiry date, unless it is earlier withdrawn.

"(6) If the undertaking provides for disputes about the undertaking to be resolved by the Commission, then the Commission may resolve the disputes in accordance with the undertaking.

"(7) The provider may withdraw or vary the undertaking at any time, but only with the consent of the Commission.

Undertakings cannot be accepted in certain cases

"44ZZB. The Commission cannot accept an undertaking given under section 44ZZA if the service concerned is a declared service.

Register of access undertakings

"44ZZC.(1) The Commission must maintain a public register that includes all access undertakings that have been accepted by the Commission, including those that are no longer in operation.

"(2) The register must include all variations of access undertakings.

"Division 7—Enforcement and remedies

Enforcement of determinations

"44ZZD.(1) If the Federal Court is satisfied, on the application of a party to a determination, that another party to the determination has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of the determination, 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 other party from engaging in the conduct; or

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

    (b) an order directing the other party to compensate the applicant for loss or damage suffered 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) 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.

Enforcement of prohibition on hindering access

"44ZZE.(1) If the Federal Court is satisfied, on the application