Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p41
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 41/66)
Character Range: 134782–137463

would be a contravention of a provision enforceable under this Division;
the designated court may, on application by the Commissioner, grant an injunction requiring the person to do that thing.

Consent injunctions
 (3) A designated court may grant an injunction by consent of all the parties to proceedings under this section, whether or not the court is satisfied that the person has contravened, or will contravene, a provision enforceable under this Division.
Note: Information relating to injunctions may be placed on the Register in accordance with Division 40.

95‑20  Interim injunctions

Grant of interim injunctions
 (1) Before deciding an application for an injunction under section 95‑15, a designated court may grant an interim injunction:
 (a) restraining a person from engaging in conduct; or
 (b) requiring a person to do a thing.

No undertakings as to damages
 (2) The designated court must not require the Commissioner to give an undertaking as to damages as a condition of granting an interim injunction.

95‑25  Discharging or varying injunctions
  A designated court may discharge or vary an injunction granted by that court under this Division.

95‑30  Certain limits on granting injunctions not to apply

Restraining injunctions
 (1) The power of a court under this Division 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 other entity if the person engages in conduct of that kind.

Performance injunctions
 (2) The power of a court under this Division to grant an injunction requiring a person to do a 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 thing; and
 (b) whether or not the person has previously refused or failed to do that thing; and
 (c) whether or not there is an imminent danger of substantial damage to any other entity if the person refuses or fails to do that thing.

95‑35  Court to take account of objects of this Act
  In exercising the powers conferred on a court under this Division, the court must take into account the objects of this Act.

95‑40  Other powers of a court unaffected
  The powers conferred on a court under this Division are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.

Division 100—Suspension