Document ID: chunk:federal_register_of_legislation:C2004A05055:schedule:2:p12
Version: federal_register_of_legislation:C2004A05055
Segment Type: schedule
Provision Reference: sch 2 (pt 12/15)
Character Range: 33343–35989

Insert:

  139A Injunctions

        (1) If a person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of, or an offence against, this Act in its application to an election held under this Act, a prescribed court may, on the application of the Australian Electoral Commission, grant an injunction restraining the person from engaging in the conduct and, if in the court's opinion it is desirable to do so, requiring the person to do something.

(2) If:

            (a) a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do something; and

            (b) the refusal or failure was, is, or would be, a failure to comply with, or an offence against, this Act in its application to an election held under this Act;

        a prescribed court may, on the application of the Australian Electoral Commission, grant an injunction requiring the person to do the thing.

        (3) If an application is made to a prescribed court for an injunction under subsection (1), the court may, if in its opinion it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind referred to in that subsection pending the determination of the application.

        (4) A prescribed court may discharge or vary an injunction granted under subsection (1), (2) or (3).

        (5) If an application is made to a prescribed court for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the power of the court to grant the injunction may be exercised:

            (a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

            (b) if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind— whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to anyone if the person engages in conduct of that kind.

      (6) If an application is made to a prescribed court for the grant of an injunction requiring a person to do something, the power of the court to grant the 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