Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_383:p2
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 383 (pt 2/4)
Character Range: 894713–897579

notifying entity) of section 321D in relation to an electoral matter, the Federal Court may, on the application of:
 (a) if the conduct relates to an election—a candidate in the election; or
 (b) in any case—the Electoral Commission;
grant an injunction restraining a broadcaster from broadcasting the matter.

Injunctions relating to section 321DA—carriage service providers
 (2C) Without limiting subsection (1), if:
 (a) an injunction could be granted under subsection (1) or (2) in relation to a contravention or proposed contravention by a foreign campaigner of section 321DA in relation to an electoral matter; and
 (b) a carriage service provider supplies, or is to supply, a listed carriage service to the foreign campaigner; and
 (c) the listed carriage service is to be used solely for making bulk voice calls or sending bulk text messages;
the Federal Court may, on the application of:
 (d) if the conduct relates to an election—a candidate in the election; or
 (e) in any case—the Electoral Commission;
grant an injunction restraining the carriage service provider from supplying the listed carriage service to the foreign campaigner.
Note: Section 321DA prohibits the communication of certain electoral matter authorised by a foreign campaigner.

Injunctions relating to section 321DA—broadcasters
 (2D) Without limiting subsection (1), if an injunction could be granted under subsection (1) or (2) in relation to a contravention or proposed contravention by a foreign campaigner of section 321DA in relation to an electoral matter, the Federal Court may, on the application of:
 (a) if the conduct relates to an election—a candidate in the election; or
 (b) in any case—the Electoral Commission;
grant an injunction restraining a broadcaster from broadcasting the matter.

Interim injunctions
 (3) Where an application is made to the Federal Court for an injunction under subsection (1), (2A), (2B), (2C) or (2D), the Federal Court may, if in the opinion of the Federal Court it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind referred to in subsection (1), or restraining the carriage service provider or broadcaster as referred to in subsection (2A), (2B), (2C) or (2D), pending the determination of the application.

Discharging and varying injunctions
 (4) The Federal Court may discharge or vary an injunction granted under this section.

Court not required to consider past and future conduct
 (5) Where an application is made to the Federal Court for the grant of an injunction under subsection (1) restraining a person from engaging in conduct of a particular kind, the power of the Federal Court to grant the injunction may be exercised:
 (a) if the Federal Court is satisfied that the person has engaged in conduct of that kind—whether or not it