Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p7
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 7/14)
Character Range: 1653947–1656495

form of the oath or affirmation; and
 (b) the manner in which the oath or affirmation must be made.

355‑330  Injunctions to prevent contravention of non‑disclosure provisions

Injunctions
 (1) If an entity has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute an offence against this Division, the Federal Court of Australia may, on the application of the Commissioner, grant an injunction:
 (a) restraining the entity from engaging in the conduct; and
 (b) if in the court's opinion it is desirable to do so—requiring the entity to do any act or thing.

Interim injunctions
 (2) If an application is made to the court for an injunction under subsection (1), the court may, before considering the application, grant an interim injunction restraining an entity from engaging in conduct of the kind referred to in that subsection pending the determination of the application.

Discharge or variation of injunctions
 (3) The court may discharge or vary an injunction granted under this section.

Exercise of power to grant injunctions
 (4) If an application is made to the court for the grant of an injunction restraining an entity from engaging in conduct of a particular kind, the power of the court to grant the injunction may be exercised:
 (a) if the court is satisfied that the entity has engaged in conduct of that kind—whether or not it appears to the court that the entity intends to engage again, or to continue to engage, in conduct of that kind; or
 (b) if it appears to the court that, in the event that an injunction is not granted, it is likely that the entity will engage in conduct of that kind—whether or not the entity has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any other entity if the entity engages in conduct of that kind.
 (5) The power of the court to grant an injunction requiring an entity to do a particular act or thing may be exercised:
 (a) if the court is satisfied that the entity has refused or failed to do that act or thing—whether or not it appears to the court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
 (b) if it appears to the court that, in the event that an injunction is not granted, it is likely that the entity will refuse or fail to do that act or thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial