Document ID: chunk:federal_register_of_legislation:C2004A05097:clause:1_8cd
Version: federal_register_of_legislation:C2004A05097
Segment Type: clause
Provision Reference: sch 1 cl 8CD
Character Range: 59464–60987

8CD  Injunctions

Restraining injunctions

 (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of Part 2 or 2A, 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 person has engaged, is engaging or is proposing to engage in any conduct in contravention of section 8BH, the Federal Court may, on the application of Telstra, 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 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 Part 2 or 2A;
the Federal Court may, on the application of the Minister, grant an injunction requiring the person to do that act or thing.

 (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 subsection 8BN(4) that relates to a requirement covered by paragraph 8BN(1)(c) ;
the Federal Court may, on the application of Telstra, grant an injunction requiring the person to do that act or thing.