Document ID: chunk:federal_register_of_legislation:C2018C00091:section:10:p1
Version: federal_register_of_legislation:C2018C00091
Segment Type: section
Provision Reference: s 10 (pt 1/2)
Character Range: 20742–23315

10  Injunctions
 (1) If Qantas or any other person has engaged, is engaging or is proposing to engage in conduct constituting:
 (a) a contravention of the mandatory articles or section 9; or
 (b) attempting to contravene the mandatory articles or section 9; or
 (c) aiding, abetting, counselling or procuring a person to contravene the mandatory articles or section 9; or
 (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory articles or section 9; or
 (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory articles or section 9; or
 (f) conspiring with others to contravene the mandatory articles or section 9;
the Court may, on the application of the Minister, grant an injunction, on such terms as the Court thinks appropriate, restraining Qantas or the person from engaging in the conduct and, if in the opinion of the Court, it is desirable to do so, requiring Qantas or that person, as the case may be, to do any act or thing.
 (2) If Qantas or any other person has refused or failed, is refusing, or failing, or is proposing to refuse or fail, to do an act or thing that Qantas or the person is required by the mandatory articles to do, the Court may, on the application of the Minister, grant an injunction, on such terms as the Court thinks appropriate, requiring Qantas or the person to do that act or thing.
 (3) On an application for an injunction under subsection (1) or (2), the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceeding, whether or not the Court is satisfied that that subsection applies.
 (4) 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).
 (5) The Court may discharge or vary an injunction granted under this section.
 (6) The power of the Court to grant an injunction restraining Qantas or any other person from engaging in conduct may be exercised:
 (a) whether or not it appears to the Court that Qantas or the person intends to engage again, or to continue to engage, in conduct of that kind; and
 (b) whether or not Qantas or the person has previously engaged in conduct of that kind; and
 (c) whether or not there is an imminent danger of substantial damage to any person if Qantas or the first‑mentioned person engages in conduct of that kind.
 (7) The power of the Court to grant an injunction requiring Qantas