Document ID: chunk:federal_register_of_legislation:C2004A04740:body:0:p4
Version: federal_register_of_legislation:C2004A04740
Segment Type: other
Provision Reference: 
Character Range: 7977–10609

any act or thing.

"(2) If an Australian international airline or any other person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the airline or person is required by the mandatory articles or under subsection 11A(1) to do, the Federal Court may, on the application of the Minister, grant an injunction requiring the airline or person to do that act or thing.

"(3) An injunction under this section is to be granted on such terms as the Federal Court thinks appropriate.

"(4) On an application under subsection (1) or (2), the Federal Court may, if the court determines it to be appropriate, grant an injunction by the consent of all the parties to the proceeding, whether or not the court is satisfied that that subsection applies.

"(5) If in the Federal Court's opinion it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).

"(6) The Federal Court may discharge or vary an injunction granted under this section.

"(7) The Federal Court's power to grant an injunction restraining an Australian international airline or any other person from engaging in conduct may be exercised:

    (a) whether or not it appears to the court that the airline or person intends to engage again, or to continue to engage, in conduct of that kind; and

SCHEDULE 1—continued

     (b) whether or not the airline or person has previously engaged in conduct of that kind; and

     (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first-mentioned person engages in conduct of that kind.

"(8) The Federal Court's power to grant an injunction requiring an Australian international airline or any other person to do an act or thing may be exercised:

     (a) whether or not it appears to the court that the airline or 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 airline or person has previously refused or failed to do that act or thing; and

     (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first-mentioned person refuses or fails to do that act or thing.

"(9) If the Minister applies to the Federal Court for an injunction under this section, the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages.

"(10) If the Federal Court has power under this section to grant an injunction:

     (a) restraining an Australian international airline