Document ID: chunk:federal_register_of_legislation:C2004A00753:clause:1_65a:p1
Version: federal_register_of_legislation:C2004A00753
Segment Type: clause
Provision Reference: sch 1 cl 65A (pt 1/2)
Character Range: 7631–10169

65A  Injunctions

Restraining injunctions

 (1) If a person has engaged, is engaging or is proposing to engage, in conduct that constituted, constitutes or would constitute:
 (a) a contravention of a provision of section 7, 8, 66, 66A or 67, or a condition imposed under section 64; or
 (b) attempting to contravene the provision or condition; or
 (c) aiding, abetting, counselling or procuring a person to contravene the provision or condition; or
 (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the provision or condition; or
 (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the provision or condition; or
 (f) conspiring with others to contravene the provision or condition;
the Federal Court of Australia may grant an injunction in accordance with subsection (2).

 (2) The injunction:
 (a) may restrain the person from engaging in the conduct; and
 (b) may also require that person to do a particular act or thing, if the Court thinks it desirable to do so.
The Court may grant the injunction on such terms as it thinks appropriate.

 (3) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised:
 (a) 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; and
 (b) whether or not the person has previously engaged in conduct of that kind; and
 (c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

Performance injunctions

 (4) If a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the person is required:
 (a) by a provision of section 7, 8, 66, 66A or 67 to do; or
 (b) by a condition on a consent given under subsection 63(1);
the Court may grant an injunction requiring the person to do that act or thing. It may grant the injunction on such terms as the Court thinks appropriate.

 (5) The power of the Court 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