Document ID: chunk:federal_register_of_legislation:C2025C00165:section:65a:p2
Version: federal_register_of_legislation:C2025C00165
Segment Type: section
Provision Reference: s 65A (pt 2/2)
Character Range: 357452–359586

to grant an injunction requiring a person to do an act or 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 act or thing; and
 (b) whether or not the person has previously refused or failed to do that act or thing; and
 (c) whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.

Who may apply for an injunction
 (6) The Court may only grant an injunction on the application of:
 (a) APRA—in all cases; or
 (b) the Treasurer—in the case of a contravention of a condition imposed under section 64; or
 (c) ASIC or a member of the ADI—in the case of a contravention of a condition imposed under section 64 that has been imposed in relation to a demutualisation of an ADI.
In this subsection, demutualisation has the same meaning as in section 63.

Consent injunctions
 (7) If an application for an injunction under subsection (1) or (4) has been made, the Court may, if the Court thinks it appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that the subsection applies.

Interim injunctions
 (8) The Court may grant an interim injunction pending determination of an application under subsection (1).

Variation or discharge of injunctions
 (9) The Court may discharge or vary an injunction granted under this section.

Damages undertakings
 (10) APRA, ASIC and the Treasurer cannot be required, as a condition of granting an interim injunction, to give an undertaking as to damages.

Damages orders
 (11) If the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.
 (12) The powers conferred on the Court by this section are in addition to any other of its powers, and do not derogate from its other powers.