Document ID: chunk:federal_register_of_legislation:C2025C00046:section:127a:p1
Version: federal_register_of_legislation:C2025C00046
Segment Type: section
Provision Reference: s 127A (pt 1/3)
Character Range: 164666–167443

127A  Injunctions relating to online locations that facilitate provision of, or advertising of, academic cheating services

Application for an injunction
 (1) TEQSA may apply, on behalf of the Commonwealth, to the Federal Court to grant an injunction that requires a carriage service provider to take such steps as the Court considers reasonable to disable access to an online location that contravenes, or facilitates a contravention of, section 114A or 114B.
 (2) The application under subsection (1) may also request that the injunction require an online search engine provider (other than a provider that is covered by a declaration under subsection (11)) to take such steps as the Court considers reasonable so as not to provide a search result that refers users to the online location.

Granting the injunction
 (3) The Court may grant the injunction in the terms, and subject to the conditions, that the Court considers appropriate.
Note 1: For the matters that the Court may take into account when determining whether to grant the injunction, see subsection (7).
Note 2: The terms and conditions of the injunction that apply to a carriage service provider under subsection (1) may be different from those that apply to an online search engine provider under subsection (2).
 (4) Without limiting subsection (3), the injunction may:
 (a) require the carriage service provider to take reasonable steps to do either or both of the following:
 (i) block domain names, URLs and IP addresses that provide access to the online location and that are specified in the injunction;
 (ii) block domain names, URLs and IP addresses that the carriage service provider and TEQSA agree, in writing, have started to provide access to the online location after the injunction is made; and
 (b) require the online search engine provider to take reasonable steps to do either or both of the following:
 (i) not provide search results that include domain names, URLs and IP addresses that provide access to the online location and that are specified in the injunction;
 (ii) not provide search results that include domain names, URLs and IP addresses that the online search engine provider and TEQSA agree, in writing, have started to provide access to the online location after the injunction is made.

Parties
 (5) The parties to an action under subsection (1) are:
 (a) TEQSA; and
 (b) the carriage service provider; and
 (c) if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—the online search engine provider; and
 (d) the person who operates the online location if, but only if, that person makes an application to be joined as a party to the proceedings.

Service
 (6) TEQSA must notify:
 (a) the carriage service