Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) a person:
(i) connects customer equipment, or customer cabling, to a telecommunications network or to a facility; or
(ii) has under his or her control customer equipment, or customer cabling, connected to a telecommunications network or to a facility; and
(b) the manufacturer or importer of the equipment or cabling was required by subsection 407(1) to apply a label to the equipment or cabling; and
(c) either:
(i) the manufacturer or importer did not comply with the requirement; or
(ii) the manufacturer or importer complied with the requirement, but the label indicated that the equipment or cabling did not meet the requirements of the section 376 standards that were specified in the first - mentioned requirement.
(2) If, as a result of:
(a) the connection of the equipment or cabling to the network or facility; or
(b) the equipment or cabling being used while it was so connected;
either:
(c) damage is caused to the network or the facility; or
(d) the manager of the network or facility suffers a loss;
the manager of the network or facility may apply to the Federal Court for remedial relief.
(3) The relief that may be granted includes an injunction and, at the option of the manager, either damages or an account of profits.
(4) The manager of the network or facility may disconnect the equipment or cabling from the network or facility.
(5) If it is necessary for other customer equipment or other customer cabling to be disconnected from the network or facility in order to achieve the disconnection mentioned in subsection (4), the manager may disconnect that other equipment or cabling.
(6) If an application is made to the Federal Court for an injunction under this section, the court may grant an interim injunction pending determination of the application.
(7) The power of the court under this section to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:
(a) if the court is satisfied that the person has engaged in conduct of that kind--whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind--whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
(8) The power of the court under this section to grant an injunction requiring a person to do an act or thing may be exercised:
(a) if the court is satisfied that the person has refused or failed to do that act or thing--whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
(b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing--whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.
(9) An application under this section must be made within 3 years after the damage was caused or the loss was suffered, as the case requires.