Communications Regulation Act 2002

13G

F43 [ Alternative procedure for enforcement of section 13F.

13G. (1) As an alternative to bringing a prosecution for an offence under section 13F(5) , the Commission may apply to the High Court to make a compliance order under subsection (4) . Such an application is to be by motion.

(2) The High Court may hear the application only if it is satisfied that a copy of the application has been served on the postal service provider concerned. On being served with such a copy, the postal service provider becomes the respondent to the application.

(3) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under subsection (1) . The Court may not refuse interim or interlocutory relief merely because the Commission may not suffer damage if relief were not granted pending determination of the application.

(4) On the hearing of an application made under subsection (1) , the High Court may make an order requiring the postal service provider to comply with section 13F or may refuse the application.

(5) If the High Court makes an order under subsection (4) , it may make such ancillary orders as it considers appropriate. ]

Annotations:

Amendments:

F43

Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 12, commenced on enactment.

Editorial Notes:

E10

The section heading is taken from the amending section in the absence of one included in the amendment.