Document ID: chunk:federal_register_of_legislation:C2004A00932:clause:1_41
Version: federal_register_of_legislation:C2004A00932
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 25288–26660

41  Injunctions

 (1) If a person has engaged, is engaging, or is proposing to engage, in conduct in contravention of section 36, a prescribed court may 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 something.

 (2) The power of the court to grant an injunction may be exercised:
 (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and
 (b) whether or not the person has previously engaged in conduct of that kind.

 (3) An injunction under this section may only be granted on the application of the AOC or a licensed user.

 (4) An injunction granted under this section on the application of a person who is a licensed user may only relate to:
 (a) a protected olympic expression to which the person's licence relates; or
 (b) an expression so closely resembling the protected olympic expression to which the person's licence relates as is likely to be mistaken, by a reasonable person, for that expression.

 (5) The court may discharge or vary an injunction granted under this section.

 (6) The powers conferred on the court by this section are in addition to, and not instead of, any other powers of the court, whether conferred by this Chapter or otherwise.