Commonwealth Consolidated Acts

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RADIOCOMMUNICATIONS ACT 1992 - SECT 118NZ

Judicial enforcement of access obligations etc.

             (1)  If the Federal Court is satisfied that a digital radio multiplex transmitter licensee, or a person authorised by a digital radio multiplex transmitter licensee to operate a multiplex transmitter under the licence, has contravened any of the following obligations:

                     (a)  the standard access obligations (if any) that are applicable to the licence;

                     (b)  the excess-capacity access obligations (if any) that are applicable to the licence;

                     (c)  the distributed-capacity access obligations (if any) that are applicable to the licence;

                     (d)  the obligations that are applicable to the licence under section 118NP;

the Court may, on the application of:

                     (e)  the ACCC; or

                      (f)  any person whose interests are affected by the contravention;

make all or any of the following orders:

                     (g)  an order directing the licensee or the person so authorised to comply with the obligation;

                     (h)  an order directing the licensee or the person so authorised to compensate any other person who had suffered loss or damage as a result of the contravention;

                      (i)  any other order that the Court thinks appropriate.

             (2)  The Federal Court may discharge or vary an order granted under this section.



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