Queensland Consolidated Acts

QUEENSLAND COMPETITION AUTHORITY ACT 1997 - SECT 158A

(1) The authority or another person may apply to the court for an order under this section concerning an approved access undertaking.

(2) An application may be made only if—

(a) the applicant considers a responsible person for the undertaking has breached a term of the undertaking; and

(b) the applicant considers—

(i) for an application made by the authority—a person's interests have been adversely affected by the breach; or

(ii) for an application made by someone else—the applicant's interests have been adversely affected by the breach.

(3) If the court is satisfied the responsible person has breached a term of the undertaking, the court may make all or any of the following orders—

(a) an order directing the responsible person to comply with the term;

(b) an order directing the responsible person to compensate anyone who has suffered loss or damage because of the breach;

(c) another order the court considers appropriate.

(4) However, the court may make an order only if it is satisfied—

(a) for an application made by the authority—a person's interests have been adversely affected by the breach; or

(b) for an application made by someone else—the applicant's interests have been adversely affected by the breach.