Telecommunications Act 2001

Telecommunications service obligations - Remedies and miscellaneous - Remedies

96: Power of court to grant relief in respect of TSO instrument

You could also call this:

"Courts can stop companies breaking telecommunications rules"

Illustration for Telecommunications Act 2001

If the government thinks a TSO provider is going to break, or is breaking, the rules of a TSO instrument, you can go to the High Court. The court can make orders to stop the TSO provider from breaking the rules. The court can also order the TSO provider to do something or follow the rules.

In a court case about this, the government can ask for information and the court can make them do it. The court can change or cancel its orders at any time. You can find more information about changes to this law in the Telecommunications Amendment Act (No 2) 2006.

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95: Application of sections 96 to 98 to TSO instruments that are company constitutions, or

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Part 3Telecommunications service obligations
Remedies and miscellaneous: Remedies

96Power of court to grant relief in respect of TSO instrument

  1. If, on the application of the Crown, it appears to the High Court that a TSO provider intends to engage, or is engaging, or has engaged, in conduct that constitutes, or would constitute, a breach of the terms of a TSO instrument, the court may make any orders on any terms and conditions that it thinks appropriate, including, without limitation,—

  2. an order to—
    1. restrain the TSO provider from engaging in conduct that constitutes, or would constitute, the breach:
      1. require the TSO provider to do a particular act or thing:
        1. require the TSO provider to comply with the terms of the TSO instrument:
        2. an interim order.
          1. In any proceeding under this section, the Crown, on the order of the court, may obtain discovery and administer interrogatories.

          2. The court may at any time rescind or vary an order made under this section.

          Notes
          • Section 96(1): amended, on , by section 47 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
          • Section 96(1)(a)(i): amended, on , by section 47 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
          • Section 96(1)(a)(ii): amended, on , by section 47 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
          • Section 96(1)(a)(iii): amended, on , by section 47 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).