Document ID: chunk:federal_register_of_legislation:C2008C00330:clause:1_118pi
Version: federal_register_of_legislation:C2008C00330
Segment Type: clause
Provision Reference: sch 1 cl 118PI
Character Range: 183674–184866

118PI  Injunctions

Restraining injunctions

 (1) If:
 (a) a person is:
 (i) a digital radio multiplex transmitter licensee; or
 (ii) a person authorised by a digital radio multiplex transmitter licensee to operate a multiplex transmitter under the licence; and
 (b) the person has engaged, is engaging or is proposing to engage, in any conduct in contravention of this Division;
the Federal Court may, on the application of the ACCC, grant an injunction:
 (c) restraining the person from engaging in the conduct; and
 (d) if, in the court's opinion, it is desirable to do so—requiring the person to do something.

Performance injunctions

 (2) If:
 (a) a person is:
 (i) a digital radio multiplex transmitter licensee; or
 (ii) a person authorised by a digital radio multiplex transmitter licensee to operate a multiplex transmitter under the licence; and
 (b) the person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
 (c) the refusal or failure was, is or would be a contravention of this Division;
the Federal Court may, on the application of the ACCC, grant an injunction requiring the person to do that act or thing.