Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_2:p11
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 11/16)
Character Range: 1385333–1388159

Court that, if an injunction is not granted, it is likely that the entity will refuse or fail to do that thing—whether or not the entity has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to anyone if the entity refuses or fails to do that act or thing.

290‑150  Other powers of the Federal Court unaffected
  The powers conferred on the Federal Court of Australia under this Subdivision are in addition to, and not instead of, any other powers of the Court, however conferred.

Subdivision 290‑D—Voluntary undertakings

Table of sections
290‑200 Voluntary undertakings

290‑200  Voluntary undertakings
 (1) The Commissioner may accept a written undertaking given by an entity for the purposes of this section in connection with furthering the objects of this Division.
 (2) The entity may withdraw or vary the undertaking at any time, but only with the consent of the Commissioner.
 (3) If the Commissioner considers that the entity that gave the undertaking has breached any of its terms, the Commissioner may apply to the Federal Court of Australia for an order under subsection (4).
 (4) If the Court is satisfied that the entity has breached a term of the undertaking, the Court may make one or both of the following orders:
 (a) an order directing the entity to comply with that term of the undertaking;
 (b) any other order that the Court considers appropriate.

Division 295—Miscellaneous civil penalties

Table of Subdivisions
295‑B Civil penalty for possession of tobacco without relevant documentation

Subdivision 295‑B—Civil penalty for possession of tobacco without relevant documentation

Guide to Subdivision 295‑B

295‑70  What this Subdivision is about

      A person is liable to a civil penalty if the person possesses 2 kilograms or more of tobacco and the person:
             (a) does not provide certain documents (such as a tax invoice) indicating how the person obtained the tobacco; or
             (b) has stated that the possession was engaged in on behalf of or at the request of another person, but does not provide information enabling the other person to be identified and located.
      However, the person will not be liable to the civil penalty in certain circumstances, such as where:
             (a) the person is an individual, and possesses the tobacco for his or her personal use; or
             (b) the person has reasonable grounds to suspect that excise duty or customs duty has been paid on the tobacco, or excise duty and customs duty is not payable on the tobacco.

Table of sections
295‑75 Possession of tobacco without relevant documentation etc.
295‑80 Things treated as tobacco

295‑75  Possession of tobacco without relevant documentation etc.
 (1) A person contravenes this subsection if:
 (a)