Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p24
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 24/45)
Character Range: 712638–715275

of or on account of, another person; or
 (b) in a fiduciary capacity.
 (3) Subsection (2) is to avoid doubt, is not to limit the generality of anything in subsection (1) and is not to affect by implication the interpretation of any other provision of this Act.
 (4) An order under subsection (1) prohibiting conduct may prohibit the conduct either absolutely or subject to conditions.
 (5) If an application is made to the Court for an order under subsection (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application.
 (6) On an application under subsection (1), the Court must not require the applicant or any other person, as a condition of granting an interim order under subsection (5), to give an undertaking as to damages.
 (7) If the Court has made an order under this section on a person's application, the Court may, on application by that person or by any person affected by the order, make a further order discharging or varying the first‑mentioned order.
 (8) An order made under subsection (1) or (5) may be expressed to operate for a specified period or until the order is discharged by a further order under this section.
 (9) Nothing in this section affects the powers that the Court has apart from this section.
 (10) This section has effect subject to the Bankruptcy Act 1966.
 (11) A person must not contravene an order by the Court under this section that is applicable to the person.
Penalty: 25 penalty units or imprisonment for 6 months, or both.
 (12) An offence against subsection (11) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

576‑25  Injunctions
 (1) If a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute:
 (a) a contravention of this Act; or
 (b) attempting to contravene this Act; or
 (c) aiding, abetting, counselling or procuring a person to contravene this Act; or
 (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or
 (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or
 (f) conspiring with others to contravene this Act;
the Court may, on the application of the Registrar, or of a person whose interests have been, are or would be affected by the conduct, grant an injunction, on such terms as the Court thinks appropriate, restraining