Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1324:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1324 (pt 2/3)
Character Range: 5693611–5696106

would constitute, a contravention of that paragraph, section or provision unless the company or person proves otherwise.
 (2) Where a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the person is required by this Act to do, the Court may, on the application of:
 (a) ASIC; or
 (b) any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing;
grant an injunction, on such terms as the Court thinks appropriate, requiring the first‑mentioned person to do that act or thing.
 (3) Where an application for an injunction under subsection (1) or (2) has been made, the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that that subsection applies.
 (4) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).
 (5) The Court may discharge or vary an injunction granted under subsection (1), (2) or (4).
 (6) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised:
 (a) whether or not it appears to the Court that the person intends to engage again, 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; and
 (c) whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person engages in conduct of that kind.
 (7) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised:
 (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and
 (b) whether or not the person has previously refused or failed to do that act or thing; and
 (c) whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person refuses or fails to do that act or thing.
 (8) Where ASIC applies to the Court for the grant of an injunction under this section, the Court must not require the applicant or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages.
 (9) In proceedings under this section against a person the Court may make an order under section 1323 in respect of