Private enforcement of binding rules of conduct
152BDH Private enforcement of binding rules of conduct
If the Federal Court is satisfied, on the application of:
an access seeker; or
a carrier; or
a carriage service provider;
that a person has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of binding rules of conduct, the Court may make any or all of the following orders:
an order granting an injunction on such terms as the Court thinks appropriate:
restraining the person from engaging in the conduct; or
if the conduct involves refusing or failing to do something—requiring the person to do that thing;
an order directing the person to compensate the applicant for loss or damage suffered as a result of the contravention;
any other order that the Court thinks appropriate.
The revocation or expiry of binding rules of conduct does not affect any remedy under subsection (1) in respect of a contravention of the rules that occurred when the rules were in force.
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.
A reference in this section to a person involved in the contravention is a reference to a person who has:
aided, abetted, counselled or procured the contravention; or
induced the contravention, whether through threats or promises or otherwise; or
been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or
conspired with others to effect the contravention.
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