50Civil proceedings

50 Civil proceedings

(1) If a person (the defendant): (a) operates a radiocommunications device in a way that is not in accordance with any licence; and (b) that operation causes interference to radiocommunications carried on by another person (the plaintiff) under a spectrum licence; the plaintiff may apply to the Federal Court for relief. (2) The court may grant all or any of the following forms of relief: (a) an injunction restraining the defendant from causing such interference, from causing interference of a similar kind or from causing or permitting others to cause interference of the same or a similar kind; (b) an order directing the defendant to do a specified act for the purpose of: (i) placing the plaintiff as nearly as practicable in the position in which he or she would have been but for the interference; or (ii) otherwise mitigating detriment to the plaintiff arising out of the interference; (c) damages against the defendant in respect of loss suffered by the plaintiff as a result of the interference, including loss of any benefit that the plaintiff might reasonably have been expected to obtain but for the interference; (d) such other relief as the court thinks just.