Document ID: chunk:federal_register_of_legislation:C2025C00154:section:163:p1
Version: federal_register_of_legislation:C2025C00154
Segment Type: section
Provision Reference: s 163 (pt 1/2)
Character Range: 193221–195845

163  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 this Act; or
 (b) attempting to contravene this Act; or
 (c) aiding, abetting, counselling or procuring a person to contravene this Act; or
 (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or
 (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or
 (f) conspiring with others to contravene this Act;
the 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 that person to do any act or thing.
The Court may only grant the injunction on the application of the Regulator, or of a person whose interests have been, are, or would be, affected by the conduct 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 this Act to do, the Court may, on the application of:
 (a) the Regulator; or
 (b) any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing;
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 Court may, if the Court determines it to be 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 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 Court may discharge or vary an injunction granted under subsection (1), (3) or (5).

Restraining injunctions
 (7) The power of the Court 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