Document ID: chunk:federal_register_of_legislation:C2016C01073:section:4:p3
Version: federal_register_of_legislation:C2016C01073
Segment Type: section
Provision Reference: s 4 (pt 3/4)
Character Range: 8762–11398

mission (other than the designated overseas mission of that foreign territory); or
 (ii) a person in Australia occupies a position in a mission (other than the designated overseas mission of that foreign territory);
  that represents, in a capacity that corresponds to an authorised capacity of the designated overseas mission:
 (iii) that foreign territory or a part of that foreign territory; or
 (iv) the people of that foreign territory or of a part of that foreign territory; or
 (v) a government of that foreign territory or of a part of that foreign territory; and
 (c) the conduct is neither:
 (i) engaged in, in a diplomatic or consular capacity, by a member of a diplomatic or consular mission established in Australia with the consent of the Commonwealth; nor
 (ii) engaged in at the request or direction of a member of such a diplomatic or consular mission, where the conduct would have been covered by subparagraph (i) if it had been engaged in by the member.
 (3) Where, 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).
 (4) The Court may rescind or vary an injunction under subsection (1) or (3).
 (5) Where an application is made to the Court for the granting of an injunction restraining a person from engaging in conduct of a particular kind, being conduct referred to in subsection (1), the Court may:
 (a) if it is satisfied that the person has engaged in conduct of that kind—grant an injunction under subsection (1) restraining the person from engaging in conduct of that kind; or
 (b) if, in the opinion of the Court, it is desirable to do so—grant an interim injunction under subsection (3) restraining the person from engaging in conduct of that kind.
 (6) Where an application is made to the Court for the granting of an injunction restraining a person from engaging in conduct of a particular kind, being conduct referred to in subsection (1), the Court may:
 (a) if it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind—grant an injunction under subsection (1) restraining the person from engaging in conduct of that kind; or
 (b) if, in the opinion of the Court, it is desirable to do so—grant an interim injunction under subsection (3) restraining the person from engaging in conduct of that kind;
whether or not the person has previously engaged in conduct of that kind.
 (7) Where the Attorney‑General makes an application to the Court for the granting of an injunction under this section, the Court shall