Document ID: chunk:federal_register_of_legislation:C2024C00427:section:11b:p1
Version: federal_register_of_legislation:C2024C00427
Segment Type: section
Provision Reference: s 11B (pt 1/2)
Character Range: 18121–20879

11B  Injunctions relating to section 11A
 (1) If an Australian international airline or any other person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute:
 (a) a contravention of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or
 (b) attempting to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or
 (c) aiding, abetting, counselling or procuring a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or
 (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or
 (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or
 (f) conspiring with others to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1);
the Federal Court may, on the application of the Minister, grant an injunction restraining the airline or the person from engaging in the conduct. If in the court's opinion it is desirable to do so, the injunction may also require the airline or person to do 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 provisions of its constitution 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