Document ID: chunk:federal_register_of_legislation:C2025C00128:section:139:p1
Version: federal_register_of_legislation:C2025C00128
Segment Type: section
Provision Reference: s 139 (pt 1/3)
Character Range: 286155–288964

139  Injunctions

Restraining injunctions
 (1) Where 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 or any other law of the Commonwealth in its application to referendums, the Federal Court of Australia (the Federal Court) may, on the application of the Electoral Commission, grant an injunction restraining the first‑mentioned person from engaging in the conduct and, if in the opinion of the Federal Court it is desirable to do so, requiring that person to do any act or thing.

Performance injunctions
 (2) Where:
 (a) a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
 (b) the refusal or failure was, is, or would be, a failure to comply with, or an offence against, this Act or any other law of the Commonwealth in its application to referendums;
the Federal Court may, on the application of the Electoral Commission, grant an injunction requiring the first‑mentioned person to do that act or thing.

Injunctions relating to section 110C—carriage service providers
 (2A) Without limiting subsection (1), if:
 (a) an injunction could be granted under subsection (1) or (2) in relation to a contravention or proposed contravention by a person (the notifying entity) of section 110C in relation to a referendum matter; and
 (b) a carriage service provider supplies, or is to supply, a listed carriage service to the notifying entity; and
 (c) the listed carriage service is to be used solely for making bulk voice calls or sending bulk text messages;
the Federal Court may, on the application of the Electoral Commission, grant an injunction restraining the carriage service provider from supplying the listed carriage service to the notifying entity.
Note: Section 110C requires the name of the person who authorised the communication of certain referendum matter to be notified.

Injunctions relating to section 110C—broadcasters
 (2B) Without limiting subsection (1), if an injunction could be granted under subsection (1) or (2) in relation to a contravention or proposed contravention by a person (the notifying entity) of section 110C in relation to a referendum matter, the Federal Court may, on the application of the Electoral Commission, grant an injunction restraining a broadcaster from broadcasting the matter.

Interim injunctions
 (3) Where an application is made to the Federal Court for an injunction under subsection (1), (2A) or (2B), the Federal Court may, if in the opinion of the Federal Court 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 subsection (1), or restraining