Telecommunications Act 2001

Consumer matters - Commission review of industry dispute resolution schemes

249: Interrelationship of remedies

You could also call this:

"How different remedies and penalties work together under the law"

Illustration for Telecommunications Act 2001

You have rights and remedies under this Part of the Telecommunications Act 2001. Nothing in this Part limits or affects any right, duty, liability, or remedy that exists or is available apart from this Part. You can take action or use a remedy under this Part at the same time as taking another action or using another remedy under this Act or otherwise. You can take a right of action or other remedy available under this Part with any other action or remedy available under this Act or otherwise. The court considers some things when deciding whether to order a person to pay a penalty, compensation, or damages. The court looks at whether that person has already been ordered to pay a penalty, compensation, or damages for the same matter and the amount and effect of that first order. The court must have regard to whether a person has already been ordered to pay a penalty, compensation, or damages for the same matter. This is stated in section 156AS of the 2001 No 103 Act. This was inserted by section 36 of the Telecommunications (New Regulatory Framework) Amendment Act 2018.

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Part 7Consumer matters
Commission review of industry dispute resolution schemes

249Interrelationship of remedies

  1. Nothing in this Part limits or affects any right, duty, liability, or remedy that exists or is available apart from this Part.

  2. Any right of action or other remedy available under, or in connection with, this Part may be taken, proceeded with, or heard in conjunction with any other action or remedy available under this Act or otherwise.

  3. However, in determining whether to order a person to pay a penalty, compensation, or damages, the court must have regard to—

  4. whether that person has already been ordered to pay a penalty, compensation, or damages for the same matter; and
    1. if so, the amount and effect of that first order.
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      Notes
      • Section 249: inserted, on , by section 36 of the Telecommunications (New Regulatory Framework) Amendment Act 2018 (2018 No 48).