Document ID: chunk:federal_register_of_legislation:C2012C00857:clause:1_154s
Version: federal_register_of_legislation:C2012C00857
Segment Type: clause
Provision Reference: sch 1 cl 154S
Character Range: 124770–126202

154S  Injunctions
 (1) If a person has engaged, is engaging, or is about to engage in any conduct that is or would be:
 (a) an offence against this Act or the regulations; or
 (b) a contravention of a civil penalty provision;
the Federal Court may, on the application of the Regulator or any other aggrieved person, grant an injunction restraining the person from engaging in the conduct.
 (2) If:
 (a) a person has refused or failed, is refusing or failing, or is about to refuse or fail, to do a thing; and
 (b) the refusal or failure is, or would be:
 (i) an offence against this Act or the regulations; or
 (ii) a contravention of a civil penalty provision;
the Federal Court may, on the application of the Regulator or any other aggrieved person, grant an injunction requiring the person to do the thing.
 (3) The power of the Federal Court to grant an injunction may be exercised:
 (a) whether or not it appears to the Court that the person intends to engage, or to continue to engage, in conduct of that kind; and
 (b) whether or not the person has previously engaged in conduct of that kind.
 (4) The Federal Court may discharge or vary an injunction granted under this section.
 (5) The Federal Court may grant an interim injunction pending a determination of an application under subsection (1).
 (6) The powers granted by this section are in addition to, and not in derogation of, any other powers of the Federal Court.