Document ID: chunk:federal_register_of_legislation:C2017A00099:clause:1_42
Version: federal_register_of_legislation:C2017A00099
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 59296–60112

42  After subsection 139(6)
Insert:
 (6A) If an application is made to the Federal Court for the grant of an injunction under subsection (2A) or (2B) restraining a carriage service provider or broadcaster as referred to in that subsection, the power of the Federal Court to grant the injunction may be exercised:
 (a) if the Federal Court is satisfied that the notifying entity has contravened section 110C—whether or not it appears to the Federal Court that the notifying entity intends to contravene or continue to contravene that section; or
 (b) if it appears to the Federal Court that, in the event that an injunction is not granted, it is likely that the notifying entity will contravene section 110C—whether or not the notifying entity has previously contravened that section.

No undertakings as to damages