Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 152EG

Enforcement of prohibition on hindering the fulfilment of a standard access obligation etc.

  (1)   If the Federal Court is satisfied, on the application of any person, that another person (the obstructor ) has engaged, is engaging, or is proposing to engage in conduct constituting a contravention of section   152EF, 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 obstructor from engaging in the conduct; or

  (ii)   if the conduct involves refusing or failing to do something--requiring the obstructor to do that thing;

  (b)   an order directing the obstructor to compensate a person who has suffered loss or damage 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.


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