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TELECOMMUNICATIONS ACT 1997 - SECT 564

Injunctions

Restraining injunctions

  (1)   If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of this Act, the Federal Court may, on the application of the Minister, the ACMA, the ACCC or the Home Affairs Minister, grant an injunction:

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

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

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

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

Limit on standing of the ACMA

  (3)   Despite subsections   (1) and (2), the ACMA is not entitled to apply for an injunction in relation to a contravention of:

  (aaa)   section   142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

  (aab)   the carrier licence condition set out in Part   1 of Schedule   1 in so far as that condition relates to section   142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

  (a)   the carrier licence condition set out in Part   1 of Schedule   1 in so far as that condition relates to section   369; or

  (aa)   the carrier licence condition set out in Part   1 of Schedule   1 in so far as that condition relates to section   577AD, 577CD or 577ED; or

  (b)   a carrier licence condition set out in Part   3, 4 or 5 of Schedule   1; or

  (ba)   the carrier licence condition set out in clause   84 of Schedule   1; or

  (bb)   the service provider rule set out in Part   1 of Schedule   2 in so far as that rule relates to section   142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or

  (c)   the service provider rule set out in Part   1 of Schedule   2 in so far as that rule relates to section   369; or

  (d)   the carrier licence condition set out in section   152AZ of the Competition and Consumer Act 2010 ; or

  (e)   the service provider rule set out in subsection   152BA(2) of the Competition and Consumer Act 2010 ; or

  (f)   the carrier licence condition set out in section   152BCO of the Competition and Consumer Act 2010 ; or

  (g)   the service provider rule set out in subsection   152BCP(2) of the Competition and Consumer Act 2010 ; or

  (h)   the carrier licence condition set out in section   152BDF of the Competition and Consumer Act 2010 ; or

  (i)   the service provider rule set out in subsection   152BDG(2) of the Competition and Consumer Act 2010 ; or

  (j)   the carrier licence condition set out in section   152BEC of the Competition and Consumer Act 2010 ; or

  (k)   the service provider rule set out in subsection   152BED(2) of the Competition and Consumer Act 2010 ; or

  (l)   the carrier licence condition set out in section   152CJC of the Competition and Consumer Act 2010 ; or

  (m)   the service provider rule set out in subsection   152CJD(2) of the Competition and Consumer Act 2010 ; or

  (n)   the carrier licence condition set out in section   37 of the National Broadband Network Companies Act 2011 ; or

  (o)   the service provider rule set out in subsection   38(2) of the National Broadband Network Companies Act 2011 ; or

  (p)   a carrier licence condition covered by section   41 of the National Broadband Network Companies Act 2011 .

Note 1AA:   Sections   142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH and 151ZI are set out in Part   8 (local access lines).

Note 1:   Section   369 deals with Rules of Conduct under section   367.

Note 1A:   Sections   577AD, 577CD and 577ED deal with undertakings given, or originally given, by Telstra.

Note 2:   Parts   3, 4 and 5 of Schedule   1 deal with access to network information and access to facilities.

Note 2A:   Clause   84 of Schedule   1 deals with control by Telstra of certain spectrum licences.

Note 3:   Section   152AZ of the Competition and Consumer Act 2010 deals with standard access obligations.

Note 4:   Subsection   152BA(2) of the Competition and Consumer Act 2010 provides that a carriage service provider must comply with any standard access obligations, and certain ancillary obligations, that are applicable to the provider.

Note 5:   Section   152BCO of the Competition and Consumer Act 2010 deals with access determinations.

Note 6:   Subsection   152BCP(2) of the Competition and Consumer Act 2010 provides that a carriage service provider must comply with any access determinations that are applicable to the provider.

Note 7:   Section   152BDF of the Competition and Consumer Act 2010 deals with binding rules of conduct.

Note 8:   Subsection   152BDG(2) of the Competition and Consumer Act 2010 provides that a carriage service provider must comply with any binding rules of conduct that are applicable to the provider.

Note 9:   Section   152BEC of the Competition and Consumer Act 2010 deals with access agreements.

Note 10:   Subsection   152BED(2) of the Competition and Consumer Act 2010 deals with access agreements.

Note 11:   Section   152CJC of the Competition and Consumer Act 2010 deals with rules about the supply of services by NBN corporations.

Note 12:   Subsection   152CJD(2) of the Competition and Consumer Act 2010 deals with rules about the supply of services by NBN corporations.

Note 13:   Section   37 of the National Broadband Network Companies Act 2011 deals with rules about:

(a)   the supply of goods and services by NBN corporations; and

(b)   the investment of money by NBN corporations; and

(c)   the functional separation of NBN corporations; and

(d)   the divestment of assets by NBN corporations.

Note 14:   Subsection   38(2) of the National Broadband Network Companies Act 2011 deals with rules about:

(a)   the supply of goods and services by NBN corporations; and

(b)   the investment of money by NBN corporations; and

(c)   the functional separation of NBN corporations; and

(d)   the divestment of assets by NBN corporations.

Note 15:   Section   41 of the National Broadband Network Companies Act 2011 deals with rules about the supply of services by NBN corporations.

Injunctions relating to contraventions of section   151ZI

  (3AA)   If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of section   151ZI, the Federal Court may, on the application of a carrier or a carriage service provider, grant an injunction:

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

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

  (3AB)   Subsection   (3AA) does not, by implication, limit subsection   (1).

Limit on standing of the Home Affairs Minister

  (3A)   Despite subsections   (1) and (2), the Home Affairs Minister is not entitled to apply for an injunction unless the application relates to a contravention of:

  (a)   the carrier licence condition set out in Part   1 of Schedule   1 in so far as that condition relates to subsection   313(1A), 314A(3), 315A(5), 315B(12) or 315C(3); or

  (b)   the service provider rule set out in Part   1 of Schedule   2 in so far as that rule relates to subsection   313(1A) or (2A), 314A(3), 315A(5), 315B(12) or 315C(3).

Definitions

  (4)   In this section:

"this Act" includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.


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