Document ID: chunk:federal_register_of_legislation:C2024C00680:section:218
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 218
Character Range: 294657–297073

218  Injunctions

Restraining injunctions
 (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act or of a demand management scheme, the Federal Court may, on the application of the Minister, grant an injunction:
 (a) restraining the person from engaging in the conduct; and
 (b) if, in the court's opinion, it is desirable to do so—requiring the person to do something.
 (2) If:
 (a) a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section 41 or 45; and
 (b) in the case of a contravention of section 41—the contravention relates to the existence of an unacceptable foreign‑ownership situation in relation to an airport‑operator company; and
 (c) in the case of a contravention of section 45—the contravention relates to the existence of an unacceptable airline‑ownership situation in relation to an airport‑operator company;
the Federal Court may, on the application of the company, grant an injunction:
 (d) restraining the person from engaging in the conduct; and
 (e) if, in the court's opinion, it is desirable to do so—requiring the person to do something.
 (3) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section 51, the Federal Court may, on the application of a member of the pair of companies referred to in that section, grant an injunction:
 (a) restraining the person from engaging in the conduct; and
 (b) if, in the court's opinion, it is desirable to do so—requiring the person to do something.

Performance injunctions
 (4) If:
 (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
 (b) the refusal or failure was, is or would be a contravention of this Act or of a demand management scheme;
the Federal Court may, on the application of the Minister, grant an injunction requiring the person to do that act or thing.
 (5) If:
 (a) a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
 (b) the refusal or failure was, is or would be a contravention of subsection 60(4) that relates to a requirement covered by paragraph 60(1)(c) to give information to an airport‑operator company;
the Federal Court may, on the application of the company, grant an injunction requiring the person to do that act or thing.