Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p40
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 40/66)
Character Range: 132072–135044

of any financial benefit that the entity has obtained directly or indirectly and that is reasonably attributable to the breach;
 (c) any order that the court considers appropriate directing the entity to compensate any other entity that has suffered loss or damage as a result of the breach;
 (d) any other order that the court considers appropriate.

Division 95—Injunctions

95‑1  Simplified outline
  The following is a simplified outline of this Division:

      The Commissioner's guidance and education (see section 110‑10) will assist registered entities to comply with and understand their obligations under this Act. However, where enforcement action is required, the Commissioner's range of enforcement powers includes the power to apply for injunctions, so that the Commissioner can provide a proportionate and effective regulatory response.
      A designated court may grant an injunction (including a consent injunction or interim injunction) in the enforcement of provisions enforceable under this Division if:
             (a) the injunction or interim injunction relates to a registered entity that is a federally regulated entity; or
             (b) the injunction or interim injunction relates to a registered entity and is in respect of an external conduct standard.
      Injunctions may restrain registered entities from contravening a provision enforceable under this Division, or compel the doing of a thing.

95‑5  Enforceable provisions
  The following provisions are enforceable under this Division:
 (a) a provision of this Act;
 (b) a governance standard or external conduct standard;
 (c) a provision of a legislative instrument made under this Act.

95‑10  Injunctions relating to federally regulated entity etc.
  A designated court may grant an injunction or an interim injunction under this Division only if:
 (a) the injunction or interim injunction relates to a registered entity that is a federally regulated entity; or
 (b) the injunction or interim injunction relates to a registered entity and is in respect of an external conduct standard.

95‑15  Grant of injunctions

Restraining injunctions
 (1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a provision enforceable under this Division, a designated court may, on application by the Commissioner, grant an injunction:
 (a) restraining the person from engaging in the conduct; and
 (b) if, in the court's opinion, it is desirable to do so—requiring the person to do a thing.

Performance injunctions
 (2) If:
 (a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do a thing; and
 (b) the refusal or failure was, is or would be a contravention of a provision enforceable under this Division;
the designated court may, on application by the Commissioner, grant an injunction requiring the person to do that thing.

Consent injunctions
 (3) A designated court may grant an injunction