Document ID: chunk:federal_register_of_legislation:C2024C00742:section:564:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 564 (pt 1/3)
Character Range: 1165462–1167943

564  Injunctions

Restraining injunctions
 (1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of this Act, the Federal Court may, on the application of the Minister, the ACMA, the ACCC or the Home Affairs Minister, 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.

Performance injunctions
 (2) If:
 (a) a person has refused or failed, or 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 contravention of this Act;
the Federal Court may, on the application of the Minister, the ACMA, the ACCC or the Home Affairs Minister, grant an injunction requiring the person to do that act or thing.

Limit on standing of the ACMA
 (3) Despite subsections (1) and (2), the ACMA is not entitled to apply for an injunction in relation to a contravention of:
 (aaa) section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or
 (aab) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or
 (a) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 369; or
 (aa) the carrier licence condition set out in Part 1 of Schedule 1 in so far as that condition relates to section 577AD, 577CD or 577ED; or
 (b) a carrier licence condition set out in Part 3, 4 or 5 of Schedule 1; or
 (ba) the carrier licence condition set out in clause 84 of Schedule 1; or
 (bb) the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 142C, 143, 143B, 151ZA, 151ZB, 151ZD, 151ZF, 151ZG, 151ZH or 151ZI; or
 (c) the service provider rule set out in Part 1 of Schedule 2 in so far as that rule relates to section 369; or
 (d) the carrier licence condition set out in section 152AZ of the Competition and Consumer Act 2010; or
 (e) the service provider rule set out in subsection 152BA(2) of the Competition and Consumer Act 2010; or
 (f) the carrier licence condition set out in section 152BCO of the Competition and Consumer Act 2010; or
 (g) the service provider rule set out in subsection 152BCP(2) of the Competition and Consumer Act 2010; or
 (h) the carrier licence condition set out in section 152BDF of the