Section 152CD — Competition and Consumer Act 2010 (Cth)

(1) This section applies if an access undertaking given by a person (the first person) is in operation.

(2) If:

(a) the Commission; or

(b) any person (the affected person) whose interests are affected by the undertaking;

thinks that the first person has breached the access undertaking, the Commission or affected person may apply to the Federal Court for an order under subsection (3).

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

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

(b) an order directing the first person to compensate any other person who has suffered loss or damage as a result of the breach;

(c) any other order that the Court thinks appropriate.

(4) The Federal Court may discharge or vary an order granted under this section.

Related sections

• s 152CBID — Statutory infrastructure provider standards and rules prevail over inconsistent special access undertakings
• s 152CBJ — Proposed service
• s 152CC — Register of access undertakings
• s 152CDA — Deferral of consideration of an access undertaking etc.
• s 152CH — Ministerial pricing determinations
• s 152CI — Undertakings, access determinations and binding rules of conduct that are inconsistent with Ministerial pricing determinations

Research how courts apply s 152CD

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