Document ID: chunk:federal_register_of_legislation:C2004A05055:schedule:2:p13
Version: federal_register_of_legislation:C2004A05055
Segment Type: schedule
Provision Reference: sch 2 (pt 13/15)
Character Range: 35765–38447

injunction may be exercised:

        (a) if the court is satisfied that the person has refused or failed to do the thing—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 the thing; or

        (b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do the thing— whether or not the person has previously refused or failed to do the thing and whether or not there is an imminent danger of substantial damage to anyone if the person refuses or fails to do the thing.

      (7) If the Australian Electoral Commission applies to a prescribed court for the grant of an injunction under this section, the court must not require the applicant or anyone else, as a condition of the granting of an interim injunction, to give any undertakings as to damages.

      (8) The Supreme Court of each State is invested with federal jurisdiction, and, to the extent that the Constitution permits, jurisdiction is conferred on the Supreme Court of each Territory, with respect to all matters arising under this section.

      (9) An appeal lies to the Federal Court of Australia from a judgment or order of a prescribed court exercising jurisdiction under this section.

      (10) The powers conferred on a prescribed court under this section are in addition to, and not in derogation of, any other powers of the court, whether conferred by this Act or otherwise.

(11) In this section:

  prescribed court means the Supreme Court of a State or Territory.

58 At the end of section 141

  Add:

      (6) A report to the Minister under subsection (3) in respect of the first Regional Council elections conducted after 1 July 1996 must include an examination of ways in which the representation of distinct community groups on Regional Councils could be accommodated.

59 After section 142J

  Insert:

142JA TSRA's interest in land

       (1) Any liability or obligation of an individual, a body corporate or an unincorporated body to the TSRA arising:

  (a) under the terms and conditions of a grant or loan referred to in subsection 142F(2); or

(b) under section 142H or 142J;

is taken to be an interest of the TSRA in the land to which it relates.

       (2) The land is charged with the payment of all costs and expenses incurred by the TSRA in respect of its enforcement of the liability or obligation.

60 After section 172

  Insert:

172A Disclosure of interests

      (1) The Commercial Development Corporation General Manager must give written notice to the Minister and the Chairperson of the Commercial Development Corporation Board