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TELECOMMUNICATIONS ACT 1997 - SECT 577G

Enforcement of undertakings in force under section 577C or 577E

  (1)   If:

  (a)   an undertaking given by Telstra is in force under section   577C or 577E; and

  (b)   the ACCC considers that Telstra has breached the undertaking;

the ACCC may apply to the Federal Court for an order under subsection   (2).

  (2)   If the Federal Court is satisfied that Telstra has breached the undertaking, the Court may make any or all of the following orders:

  (a)   an order directing Telstra to comply with the undertaking;

  (b)   an order directing the disposal of network units, shares or other assets;

  (c)   an order restraining the exercise of any rights attached to shares;

  (d)   an order prohibiting or deferring the payment of any sums due to a person in respect of shares held by Telstra;

  (e)   an order that any exercise of rights attached to shares be disregarded;

  (f)   an order directing Telstra to pay to the Commonwealth an amount up to the amount of any financial benefit that Telstra has obtained directly or indirectly and that is reasonably attributable to the breach;

  (g)   any order that the Court considers appropriate directing Telstra to compensate any other person who has suffered loss or damage as a result of the breach;

  (h)   any other order that the Court considers appropriate.

  (3)   In addition to the Federal Court's powers under subsection   (2), the court:

  (a)   has power, for the purpose of securing compliance with any other order made under this section, to make an order directing any person to do or refrain from doing a specified act; and

  (b)   has power to make an order containing such ancillary or consequential provisions as the court thinks just.

  (4)   The Federal Court may, before making an order under this section, direct that notice of the application be given to such persons as it thinks fit or be published in such manner as it thinks fit, or both.

  (5)   The Federal Court may, by order, rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.



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