Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 95.15

Grant of injunctions

Restraining injunctions

  (1)   If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a provision enforceable under this Division, a designated c ourt may, on application by the Commissioner , grant an injunction:

  (a)   restraining the person from engaging in the conduct; and

  (b)   if, in the c ourt's opinion, it is desirable to do so--requiring the person to do a thing.

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 a thing; and

  (b)   the refusal or failure was, is or would be a contravention of a provision enforceable under this Division;

the designated c ourt may, on application by the Commissioner , grant an injunction requiring the person to do that thing.

Consent injunctions

  (3)   A designated c ourt may grant an injunction by consent of all the parties to proceedings under this section, whether or not the c ourt is satisfied that the person has contravened, or will contravene, a provision enforceable under this Division.

Note:   Information relating to injunctions may be placed on the Register in accordance with Division   40 .


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback