Document ID: chunk:federal_register_of_legislation:C2010C00260:clause:3_1:p5
Version: federal_register_of_legislation:C2010C00260
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 5/6)
Character Range: 66422–69071

an injunction:
 (a) restraining the entity from engaging in the conduct; and
 (b) if, in the Court's opinion, it is desirable to do so—requiring the entity to do something.

290‑130  Interim injunctions

  The Federal Court of Australia may, before considering an application for an injunction under section 290‑125, grant an interim injunction restraining an entity from engaging in conduct to which this Subdivision applies.

290‑135  Delay in making ruling

  If:
 (a) an entity applied in writing to the Commissioner for a *product ruling in relation to a *scheme; and
 (b) the Commissioner has neither made the ruling nor told the entity in writing that the Commissioner has declined to make the ruling;
the Commissioner must not make an application under section 290‑125 in relation to conduct or proposed conduct by an entity in relation to the scheme until the Commissioner makes the ruling or tells the entity in writing that the Commissioner has declined to make the ruling.

290‑140  Discharge etc. of injunctions

  The Federal Court of Australia may discharge or vary an injunction granted under this Subdivision.

290‑145  Certain limits on granting injunctions not to apply

Restraining injunctions

 (1) The power of the Federal Court of Australia under this Subdivision to grant an injunction restraining an entity from engaging in conduct of a particular kind may be exercised:
 (a) if the Court is satisfied that the entity has engaged in conduct of that kind—whether or not it appears to the Court that the entity intends to engage again, or to continue to engage, in conduct of that kind; or
 (b) if it appears to the Court that, if an injunction is not granted, it is likely that the entity will engage in conduct of that kind—whether or not the entity has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to anyone if the entity engages in conduct of that kind.

Performance injunctions

 (2) The power of the Federal Court of Australia under this Subdivision to grant an injunction requiring an entity to do something may be exercised:
 (a) if the Court is satisfied that the entity has refused or failed to do that thing—whether or not it appears to the Court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that thing; or
 (b) if it appears to the Court that, if an injunction is not granted, it is likely that the entity will refuse or fail to do that thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to