Document ID: chunk:federal_register_of_legislation:C2024C00427:section:11b:p2
Version: federal_register_of_legislation:C2024C00427
Segment Type: section
Provision Reference: s 11B (pt 2/2)
Character Range: 20648–22888

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 of that kind; and
 (b) whether or not the airline or person has previously engaged in conduct of that kind; and
 (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person engages in conduct of that kind.
 (8) The Federal Court's power to grant an injunction requiring an Australian international airline or any other person to do an act or thing may be exercised:
 (a) whether or not it appears to the court that the airline or 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 airline or person has previously refused or failed to do that act or thing; and
 (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person refuses or fails to do that act or thing.
 (9) If the Minister applies to the Federal Court for an injunction under this section, the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages.
 (10) If the Federal Court has power under this section to grant an injunction:
 (a) restraining an Australian international airline or a person from engaging in particular conduct; or
 (b) requiring an Australian international airline or a person to do a particular act or thing;
the court may, either in addition to or in substitution for the grant of the injunction, make such other order or orders as it thinks appropriate against the airline, or the person who engaged in the conduct or a person who was involved in the contravention.
 (11) In this section:
Australian international airline has the same meaning as in section 11A.
Federal Court means the Federal Court of Australia.
mandatory provisions, in relation to the constitution of an Australian international airline, means those provisions of the constitution that would be required in order for the airline's constitution to comply with subsection 11A(2).