Document ID: chunk:federal_register_of_legislation:C2004A00700:clause:6_55
Version: federal_register_of_legislation:C2004A00700
Segment Type: clause
Provision Reference: sch 6 cl 55
Character Range: 168390–169678

55  Injunctions

Restraining injunctions

 (1) If a person who is a datacasting licensee has engaged, is engaging or is proposing to engage, in any conduct in contravention of a condition of the licence (other than a condition set out in clause 25), the Federal Court may, on the application of the ABA, 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 person has engaged, is engaging or is proposing to engage, in any conduct in contravention of clause 49, the Federal Court may, on the application of the ABA, 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

 (3) If:
 (a) a person who is a datacasting licensee 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 a condition of the licence (other than a condition set out in clause 25);
the Federal Court may, on the application of the ABA, grant an injunction requiring the person to do that act or thing.