Orders to enforce prohibitions on hindering access and unfair differentiation
153 Orders to enforce prohibitions on hindering access and unfair differentiation
This section applies if, on the application of a person, the court is satisfied that another person (the obstructor) has engaged, is engaging, or proposes to engage, in conduct constituting a contravention of section 100(2), 104, 125 or 168C.
The court may make all or any of the following orders—
an order granting an injunction, on terms the court considers appropriate—
restraining the obstructor from engaging in the conduct; or
if the conduct involves failing to do something—requiring the obstructor to do the thing;
an order directing the obstructor to compensate a person for loss or damage suffered by the person because of the contravention;
another order the court considers appropriate.
If the court has power under subsection (2) 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 order (including granting an injunction) it considers appropriate against any other person involved in the contravention concerned.
The grounds on which the court may decide not to make an order under this section include the ground that division 5 provides a more appropriate way of dealing with the issue of the applicant’s access to the service concerned.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.