Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 135AOE

Relief

  (1)   The relief that a court may grant in an action under this Division includes an injunction (subject to the terms, if any, the court thinks fit) and either damages or an account of profits.

  (2)   In assessing damages, the court may award such additional damages as it considers appropriate, having regard to:

  (a)   the flagrancy with which the defendant did any of the relevant acts; and

  (b)   the need to deter acts similar to the relevant acts; and

  (c)   any benefit shown in an action under Subdivision A or B to have accrued to the defendant as a result of making or dealing with the decoder; and

  (d)   any benefit shown in an action under Subdivision C to have accrued to the defendant or any trade or business carried on by, or in association with, the defendant; and

  (e)   all other relevant matters.


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