Document ID: chunk:federal_register_of_legislation:C2009A00075:clause:2_129d:p1
Version: federal_register_of_legislation:C2009A00075
Segment Type: clause
Provision Reference: sch 2 cl 129D (pt 1/2)
Character Range: 47497–50272

129D  Injunctions

Restraining injunctions
 (1) If a person (the perpetrator) has engaged, is engaging or is proposing to engage, in conduct that constituted, constitutes or would constitute:
 (a) a contravention of:
 (i) this Act, the regulations or the prudential standards; or
 (ii) a condition imposed or specified under this Act; or
 (iii) a direction by APRA under this Act; or
 (b) attempting to contravene the Act, regulations, standards, condition or direction; or
 (c) aiding, abetting, counselling or procuring a person to contravene the Act, regulations, standards, condition or direction; or
 (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the Act, regulations, standards, condition or direction; or
 (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the Act, regulations, standards, condition or direction; or
 (f) conspiring with others to contravene the Act, regulations, standards, condition or direction;
the Federal Court may grant an injunction in accordance with subsection (2).

Nature of injunction
 (2) If granted, the injunction:
 (a) is to restrain the perpetrator from engaging in the conduct; and
 (b) if in the opinion of the court it is desirable to do so, may also require the perpetrator to do any act or thing.
The court may only grant the injunction on the application of APRA, and may grant it on such terms as the court thinks appropriate.

Performance injunctions
 (3) If a person (the unwilling 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:
 (a) this Act, the regulations or the prudential standards; or
 (b) a condition imposed or specified under this Act; or
 (c) a direction by APRA under this Act;
to do, the Federal Court may, on the application of APRA, grant an injunction, on such terms as the court thinks appropriate, requiring the unwilling person to do that act or thing.

Consent injunctions
 (4) If an application for an injunction under subsection (1) or (3) has been made, the Federal Court may, if the court thinks it appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the court is satisfied that that subsection applies.

Interim injunctions
 (5) If in the opinion of the Federal Court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).

Variation or discharge of injunctions
 (6) The Federal Court may discharge or vary an injunction granted under this section.

Restraining injunctions
 (7) The power of the Federal Court to grant an injunction restraining a person from