Document ID: chunk:federal_register_of_legislation:C2004A01357:clause:2_14
Version: federal_register_of_legislation:C2004A01357
Segment Type: clause
Provision Reference: sch 2 cl 14
Character Range: 36432–38798

14  Injunctions

Applications for injunctions

 (1) Comcare or an investigator (the applicant) may apply to a court for an injunction if another person (the relevant person) has breached, is breaching, or proposes to breach this Act or the regulations.

Prohibitory injunctions

 (2) The court may grant an injunction restraining the relevant person from breaching this Act or the regulations:
 (a) whether or not it appears to the court that the relevant person intends to breach the Act or the regulations again, or to continue to breach the Act or the regulations; and
 (b) whether or not the body has previously breached the Act or regulations;
if the body has breached, is breaching, or proposes to breach this Act or the regulations.

Additional orders with prohibitory injunctions

 (3) The court may make an order requiring the relevant person to do something if:
 (a) the court grants an injunction restraining the relevant person from engaging in actionable conduct; and
 (b) in the court's opinion it is desirable to make the order.

Mandatory injunctions

 (4) The court may grant an injunction requiring the relevant person to do an act:
 (a) whether or not it appears to the court that the relevant person intends to refuse or fail again, or to continue to refuse or fail, to do the act or thing; and
 (b) whether or not the relevant person has previously refused or failed to do the act or thing;
if the relevant person has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do an act, and the refusal or failure did, does or would constitute a breach of the Act or the regulations.

Interim injunctions

 (5) The court may grant an interim injunction:
 (a) restraining the relevant person from engaging in conduct; or
 (b) requiring the relevant person to do an act;
before deciding an application for an injunction under this section.

Discharge of injunctions

 (6) The court may discharge, or vary, an injunction if an application for it to do so is made.

No undertakings as to damages

 (7) The court must not require the applicant to give an undertaking as to damages as a condition of granting an interim injunction.

Powers conferred in addition to other powers of the court

 (8) The powers conferred on the court by this section are in addition to (and do not limit) any other powers of the court.