Commonwealth Consolidated Acts

RADIOCOMMUNICATIONS ACT 1992 - SECT 118PI

Restraining injunctions

  (1)   If:

  (a)   a person is:

  (i)   a digital radio multiplex transmitter licensee; or

  (ii)   a person authorised by a digital radio multiplex transmitter licensee to operate a multiplex transmitter under the licence; and

  (b)   the person has engaged, is engaging or is proposing to engage, in any conduct in contravention of this Division;

the Federal Court may, on the application of the ACCC, grant an injunction:

  (c)   restraining the person from engaging in the conduct; and

  (d)   if, in the court's opinion, it is desirable to do so--requiring the person to do something.

Performance injunctions

  (2)   If:

  (a)   a person is:

  (i)   a digital radio multiplex transmitter licensee; or

  (ii)   a person authorised by a digital radio multiplex transmitter licensee to operate a multiplex transmitter under the licence; and

  (b)   the person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

  (c)   the refusal or failure was, is or would be a contravention of this Division;

the Federal Court may, on the application of the ACCC, grant an injunction requiring the person to do that act or thing.