Document ID: chunk:federal_register_of_legislation:C2025C00152:clause:3_383:p1
Version: federal_register_of_legislation:C2025C00152
Segment Type: clause
Provision Reference: sch 3 cl 383 (pt 1/4)
Character Range: 892195–894955

383  Injunctions

Restraining injunctions
 (1) Where a person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of, or an offence against, this Act or any other law of the Commonwealth in its application to elections, the Federal Court of Australia (the Federal Court) may, on the application of:
 (a) in a case where the conduct relates to an election—a candidate in the election; or
 (b) in any case—the Electoral Commission;
grant an injunction restraining the first‑mentioned person from engaging in the conduct and, if in the opinion of the Federal Court it is desirable to do so, requiring that person to do any act or thing.

Performance injunctions
 (2) Where:
 (a) a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
 (b) the refusal or failure was, is, or would be, a failure to comply with, or an offence against, this Act or any other law of the Commonwealth in its application to elections;
the Federal Court may, on the application of:
 (c) in a case where the refusal or failure relates to an election—a candidate in the election; or
 (d) in any case—the Electoral Commission;
grant an injunction requiring the first‑mentioned person to do that act or thing.

Injunctions relating to section 321D—carriage service providers
 (2A) 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 person (the notifying entity) of section 321D in relation to an electoral matter; and
 (b) a carriage service provider supplies, or is to supply, a listed carriage service to the notifying entity; 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 notifying entity.
Note: Section 321D requires the name of the person who authorised the communication of certain electoral matter to be notified.

Injunctions relating to section 321D—broadcasters
 (2B) 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 person (the 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