Commonwealth Consolidated Acts

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CHARTER OF THE UNITED NATIONS ACT 1945 - SECT 26

Injunctions

  (1)   If a person has engaged, is engaging, or proposes to engage, in conduct involving a contravention of this Part, a superior court may by order grant an injunction restraining the person from engaging in conduct specified in the order.

  (2)   An injunction may only be granted on application by the Attorney - General.

  (3)   On an application, the court may, if it thinks it appropriate, grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that subsection   ( 1) applies.

  (4)   A superior court may, if it thinks it desirable, grant an interim injunction pending its determination of an application.

  (5)   A court is not to require the Attorney - General or anyone else, as a condition of granting an interim injunction, to give an undertaking as to damages.

  (6)   A court may discharge or vary an injunction it has granted.

  (7)   The power to grant or vary an injunction restraining a person from engaging in conduct 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 such conduct; and

  (b)   whether or not the person has previously engaged in such conduct.

 



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