Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:2_56ad:p1
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 2 cl 56AD (pt 1/3)
Character Range: 35969–38725

56AD  Injunctions

Enforceable provisions
 (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised persons
 (2) For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person:
 (a) in relation to the provisions mentioned in subsection (1)—the Secretary;
 (b) in relation to:
 (i) conduct or proposed conduct in contravention of a provision of this Act; or
 (ii) a refusal or failure to do a thing that was, is or would be a contravention of a provision of this Act;
  a person who, or entity to which, subsection (3), (4), (5) or (6) applies.
 (3) This subsection applies to a person whose interests have, are or will be affected by the conduct, proposed conduct, refusal or failure mentioned in paragraph (2)(b).
 (4) This subsection applies to an individual if:
 (a) the individual is an Australian citizen or ordinarily resident in Australia; and
 (b) at any time during the 2‑year period ending immediately before the individual makes an application for an injunction, the individual has engaged in one or more activities relating to any of the following:
 (i) research into hazardous waste;
 (ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
 (iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
 (iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste.
 (5) This subsection applies to a body corporate if:
 (a) the body corporate is incorporated in Australia; and
 (b) at any time during the 2‑year period ending immediately before the body corporate makes an application for an injunction, the body corporate has engaged in one or more activities relating to any of the following:
 (i) research into hazardous waste;
 (ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
 (iii) research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;
 (iv) the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste; and
 (c) the objects or purposes of the body corporate include any of the following:
 (i) research into hazardous waste;
 (ii) the protection of human beings or the environment from the harmful effects of hazardous waste;
 (iii) research into pollution of the air, water