Document ID: chunk:federal_register_of_legislation:C2025C00135:section:235:p1
Version: federal_register_of_legislation:C2025C00135
Segment Type: section
Provision Reference: s 235 (pt 1/2)
Character Range: 460826–463513

235  Injunctions

Restraining injunctions
 (1) If a person (the perpetrator) has engaged, is engaging or is proposing to engage, in conduct that constituted, constitutes or would constitute:
 (a) a contravention of this Act, a condition imposed or specified under this Act (including a condition mentioned in subsection 208(3)) or a direction by APRA or ASIC under this Act; or
 (b) attempting to contravene the Act, condition or direction; or
 (c) aiding, abetting, counselling or procuring a person to contravene the Act, condition or direction; or
 (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the Act, condition or direction; or
 (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the Act, condition or direction; or
 (f) conspiring with others to contravene the Act, condition or direction;
the Court may grant an injunction in accordance with subsection (2).

Nature of injunction
 (2) If granted, the injunction:
 (a) is to restrain the perpetrator from engaging in the conduct; and
 (b) if in the opinion of the Court it is desirable to do so, may also require the perpetrator to do any act or thing.
The Court may only grant the injunction on the application of the Regulator, and may grant it on such terms as the Court thinks appropriate.

Performance injunctions
 (3) If a person (the unwilling 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 by this Act, a condition imposed or specified under this Act or a direction by APRA or ASIC under this Act to do, the Court may, on the application of the Regulator, grant an injunction, on such terms as the Court thinks appropriate, requiring the unwilling person to do that act or thing.

Consent injunctions
 (4) If an application for an injunction under subsection (1) or (3) has been made, the Court may, if the Court thinks it appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that that subsection applies.

Interim injunctions
 (5) If 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).

Variation or discharge of injunctions
 (6) The Court may discharge or vary an injunction granted under this section.

Restraining injunctions
 (7) 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