Document ID: chunk:federal_register_of_legislation:C2024C00748:section:33
Version: federal_register_of_legislation:C2024C00748
Segment Type: section
Provision Reference: s 33
Character Range: 60321–62055

33  Injunction
 (1) A prescribed court of a State or Territory may:
 (a) upon application by the Attorney‑General or by an interested person, grant an injunction restraining a person from engaging in conduct that constitutes, or would constitute, an offence against section 10A, 10B, 10C, 10D or 10E; and
 (b) make any order incidental or supplementary to an order made on an application under paragraph (a), including an order as to costs.
 (2) The reference in paragraph (1)(a) to an interested person shall be read as including a reference to a person whose use or enjoyment of any part of the sea, or of the air space above, or of the seabed or subsoil beneath, any part of the sea, is, or is likely to be, adversely affected by the conduct concerned.
 (3) The reference in paragraph (1)(a) to engaging in conduct shall be read as including a reference to:
 (a) doing, refusing to do or refraining from doing, any act or thing; or
 (b) causing or permitting another person to do, refuse to do or refrain from doing, any act or thing.
 (4) Each prescribed court of a State is invested with federal jurisdiction, and jurisdiction is conferred, to the extent that the Constitution permits, on each prescribed court of a Territory, to hear and to determine proceedings instituted in that court under this section.
 (4A) This section, so far as it relates to the Supreme Court of Norfolk Island, has effect subject to section 60AA of the Norfolk Island Act 1979.
 (5) In this section, prescribed court, in relation to a State or Territory, means a court of the State or Territory that is declared by the regulations to be a prescribed court in relation to the State or Territory, as the case may be, for the purposes of this section.