- (1)
- If, on application by the ABC Commissioner or any other person, an
appropriate court is satisfied that unlawful industrial action is:
(a) occurring; or
(b) threatened, impending or probable;
then the court may grant an
injunction in such terms as the court considers appropriate.
- (2)
- If,
in the opinion of the court it is desirable to do so, the court may
grant an interim injunction pending determination of an application
under subsection (1).
- (3)
- The power of the court to grant an injunction restraining a person (the
defendant ) from engaging in conduct may be exercised:
(a) whether or not it appears to the court that the defendant intends to
engage again, or to continue to engage, in conduct of that kind; and
(b) whether or not the defendant has previously engaged in conduct of that
kind; and
(c) whether or not there is an imminent danger of substantial damage to
any person if the defendant engages in conduct of that kind.
- (4)
- In
this section:
"appropriate court" means the Federal Court, the Federal Magistrates Court, a
Supreme Court of a State or Territory or a District Court, or County Court, of
a State.