Enforcement of Commission determinations
49ZB Enforcement of Commission determinations
If the Supreme Court is satisfied, on the application of the ESC Minister or the port of Melbourne operator, that a State sponsored port operator has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of a determination under section 49ZA, the Court may make all or any of the following orders—
if the applicant is the ESC Minister—
an order granting an injunction on such terms as the Court thinks appropriate—
restraining the State sponsored port operator from engaging in the conduct; or
S. 49ZB(a)(i)(B) amended by No. 68/2017 s. 124(2).
if the conduct involves refusing or failing to do something, requiring the operator to do that thing;
an order directing the State sponsored port operator to pay to the State an amount up to the amount of any financial benefit that the operator has obtained directly or indirectly and that is reasonably attributable to the contravention;
S. 49ZB(a)(iii) amended by No. 68/2017 s. 124(2).
an order directing the operator to compensate any other person who has suffered loss or damage as a result of the contravention;
if the applicant is the port of Melbourne operator, an order granting an injunction on such terms as the Court thinks appropriate—
restraining the State sponsored port operator from engaging in the conduct; or
S. 49ZB(b)(ii) amended by No. 68/2017 s. 124(2).
if the conduct involves refusing or failing to do something, requiring the operator to do that thing;
in all cases, any other order that the Court thinks appropriate.
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