Document ID: chunk:federal_register_of_legislation:C2025C00189:section:80:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 80 (pt 2/3)
Character Range: 1150770–1153333

than the Minister or the Commission may not apply for an injunction on the ground of:
 (a) a person's actual, attempted or proposed contravention of section 50A; or
 (b) a person's actual or proposed involvement in a contravention of section 50A.
 (1B) Where the Tribunal has, on the application of a person (in this subsection referred to as the applicant) other than the Minister or the Commission, made a declaration under subsection 50A(1) in relation to the acquisition by a person of a controlling interest in a corporation, the applicant is entitled to make an application under subsection (1) for an injunction by reason that the corporation has contravened or attempted to contravene or is proposing to contravene subsection 50A(6) in relation to that declaration.
 (2) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).
 (3) The Court may rescind or vary an injunction granted under subsection (1) or (2).
 (4) 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;
 (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 person if the first‑mentioned person engages in conduct of that kind.
 (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;
 (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 person if the first‑mentioned person refuses or fails to do that act or thing.
 (6) Where the Minister or the Commission makes an application to the Court for the grant of an injunction under this section, the Court shall not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.
 (6A) Subsection (6) does not apply to an application by the Minister for an injunction relating to Part IV.
 (7) Where:
 (a) in a case to which subsection (6) does not apply the Court would, but for this subsection, require a person to give an undertaking as to