Commonwealth Numbered Acts

Commonwealth Electoral Legislation Amendment Act 1983 No. 144 of 1983 - SECT 138

138. After section 209 of the Principal Act the following sections are
inserted: Injunctions

''209A. (1) Where a person has engaged, is engaging or is proposing to engage
in any conduct that constituted, constitutes or would constitute a
contravention of, or an offence against, this Act or any other law of the
Commonwealth in its application to elections, a prescribed court may, on the
application of-

   (a)  in a case where the conduct relates to an election-a candidate in the
        election; or

   (b)  in any case-the Electoral Commission,
grant an injunction restraining the first-mentioned person from engaging in
the conduct and, if in the opinion of the court it is desirable to do so,
requiring that person to do any act or thing.

''(2) Where-

   (a)  a person has refused or failed, 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 failure to comply with,
        or an offence against, this Act or any other law of the Commonwealth
        in its application to elections,
a prescribed court may, on the application of-

   (c)  in a case where the refusal or failure relates to an election-a
        candidate in the election; or

   (d)  in any case-the Electoral Commission,
grant an injunction requiring the first-mentioned person to do that act or
thing.

''(3) Where an application is made to a prescribed court for an injunction
under sub-section (1), the court may, if in the opinion of the court it is
desirable to do so, before considering the application, grant an interim
injunction restraining a person from engaging in conduct of the kind referred
to in that sub-section pending the determination of the application.

''(4) A prescribed court may discharge or vary an injunction granted under
sub-section (1), (2) or (3).

''(5) Where an application is made to a prescribed court for the grant of an
injunction restraining a person from engaging in conduct of a particular kind,
the power of the court to grant the injunction may be exercised-

   (a)  if the court is satisfied that the person has engaged in conduct of
        that kind-whether or not it appears to the court that the person
        intends to engage again, or to continue to engage, in conduct of that
        kind; or

   (b)  if it appears to the court that, in the event that an injunction is
        not granted, it is likely that the person will engage in conduct of
        that kind-whether or not the person has previously engaged in conduct
        of that kind and whether or not there is an imminent danger of
        substantial damage to any person if the first-mentioned person engages
        in conduct of that kind.

''(6) Where an application is made to a prescribed court for the grant of an
injunction requiring a person to do a particular act or thing, the power of
the court to grant the injunction may be exercised-

   (a)  if the court is satisfied that the person has refused or failed to do
        that act or thing-whether or not it appears to the court that the
        person intends to refuse or fail again, or to continue to refuse or
        fail, to do that act or thing; or

   (b)  if it appears to the court that, in the event that an injunction is
        not granted, it is likely that the person will refuse or fail to do
        that act or thing-whether or not the person has previously refused or
        failed to do that act or thing and whether or not there is an imminent
        danger of substantial damage to any person if the first-mentioned
        person refuses or fails to do that act or thing.

''(7) Where the Electoral Commission makes an application to a prescribed
court for the grant of an injunction under this section, the court shall not
require the Electoral Commission or any other person, as a condition of the
granting of an interim injunction, to give any undertakings as to damages.

''(8) A prescribed court (being a court of a State) is invested with federal
jurisdiction and, to the extent that the Constitution permits, jurisdiction is
conferred on a prescribed court (being a court of a Territory), with respect
to all matters arising under this section.

''(9) An appeal lies to the Federal Court of Australia from a judgment or
order of a prescribed court exercising jurisdiction under this section.

''(10) The powers conferred on a prescribed court under this section are in
addition to, and not in derogation of, any other powers of the court, whether
conferred by this Act or otherwise.

''(11) In this section, 'prescribed court' means the Supreme Court of a State
or Territory. Prosecution of offences

''209B. (1) Subject to sub-section (2), an offence against sub-section 153V
(3) or section 158 is an indictable offence.

''(2) A court of summary jurisdiction may hear and determine proceedings in
respect of an offence referred to in sub-section (1) if the court is satisfied
that it is proper to do so and the defendant and the prosecutor consent.

''(3) Where, in accordance with sub-section (2), a court of summary
jurisdiction convicts a person of an offence against sub-section 153V (3) or
section 158, the penalty that the court may impose is-

   (a)  in the case of an offence against sub-section 153V (3)-a fine not
        exceeding $5,000; or

   (b)  in the case of an offence against section 158-a fine not exceeding
        $2,000 or imprisonment for a period not exceeding 12 months, or
        both.''.