Northern Territory Numbered Acts Northern Territory Numbered ActsParts 6 and 7
repeal, insert
(1) Proceedings may not be instituted in a Territory court in respect of a breach of a provision of this Act that is not an offence provision by any person (other than the regulator) except as provided for in this Part.
(2) A person other than the regulator ( person A ) may not, in any proceedings, seek to rely on an alleged contravention of the Network Access Code by another person ( person B ) unless:
(a) person A is a network participant or an access applicant; and
(b) person B is a network participant, an access applicant or the regulator.
(3) To avoid doubt, nothing in this Part prevents the use of this Act as evidence in any proceedings.
(1) The regulator may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the regulator has a function or power under this Act.
(2) A person may withdraw or vary the undertaking at any time, but only with the consent of the regulator.
(3) If the regulator considers that the person who gave the undertaking has breached any of its terms, the regulator may apply to the Supreme Court for an order under subsection (4).
(4) If the Supreme Court is satisfied that the person has breached a term of the undertaking, the Supreme Court may make any or all of the following orders:
(a) an order directing the person to comply with that term of the undertaking;
(b) an order directing the person to pay the Territory an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;
(c) an order that the Supreme Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;
(d) any other order that the Supreme Court considers appropriate.
A proceeding for a breach of a provision of this Act that is not an offence provision may only be instituted by the regulator within 6 years of the date on which the breach occurred.
(1) The Supreme Court may make an order, on application by the regulator on behalf of the Commonwealth, declaring that a person is in breach of a provision of this Act that is not an offence provision.
(2) If the order declares the person to be in breach of a provision of this Act that is not an offence provision, the order may include one or more of the following:
(a) an order that the person pay a civil penalty determined in accordance with this Act;
(b) an order that the person cease, within a specified period, the act, activity or practice constituting the breach;
(c) an order that the person take such action, or adopt such practice, as the Supreme Court requires for remedying the breach or preventing a recurrence of the breach;
(d) an order that the person implement a specified program for compliance with this Act;
(e) an order of a kind prescribed by the Regulations.
(3) If a person has engaged, is engaging or is proposing to engage in any conduct in breach of a provision of this Act that is not an offence provision, the Supreme Court may, on application by the regulator on behalf of the Commonwealth, grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the Supreme Court's opinion, it is desirable to do so – requiring the person to do something.
(4) The power of the Supreme Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:
(a) if the Supreme Court is satisfied that the person has engaged in conduct of that kind – whether or not it appears to the Supreme 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 Supreme 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.