Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:10_83
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 10 cl 83
Character Range: 114033–116199

83  Injunctions

Enforceable provisions
 (1) A provision is enforceable under Part 7 of the Regulatory Powers Act if it is:
 (a) an offence against this Act or the regulations; or
 (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person
 (2) For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1):
 (a) the Minister;
 (b) any other person.

Relevant court
 (3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
 (a) the Federal Court of Australia;
 (b) the Federal Circuit Court of Australia;
 (c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Additional matters relevant to court's power to grant injunctions
 (4) The power of a relevant court under Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), to grant an injunction restraining a person from engaging in conduct may be exercised whether or not conduct of that kind constitutes a serious and immediate risk of adverse health effects or adverse environmental effects.
 (5) The power of a relevant court under Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), to grant an injunction requiring a person to do a thing may be exercised whether or not there is a serious and immediate risk of adverse health effects or adverse environmental effects if the person refuses or fails to do that thing.
 (6) Subsections (4) and (5) are in addition to, and do not limit, subsections 124(1) and (2) of the Regulatory Powers Act.

Extension to external Territories
 (7) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.