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FINANCIAL SECTOR (SHAREHOLDINGS) ACT 1998No. 55, 1998 - SECT 32
Injunctions
Restraining injunctions
(1) If a person has engaged, is engaging or is proposing to engage in any
conduct in contravention of section 11, the Federal Court may, on the
application of the Treasurer, 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.
(2) If:
(a) a person has engaged, is engaging or is proposing to engage in
any conduct in contravention of section 11; and
(b) the contravention relates to the existence of an unacceptable
shareholding situation in relation to a financial sector company;
the
Federal Court may, on the application of the company, grant an
injunction:
(c) restraining the person from engaging in the conduct;
and
(d) if, in the court's opinion, it is desirable to do so--requiring the
person to do something.
(3) If a person has engaged, is engaging or is proposing to engage in any
conduct in contravention of a condition to which an approval under section 14
is subject, the Federal Court may, on the application of the Treasurer, 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
(4) 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
section 26 or 31;
the Federal Court may, on the application of the
Treasurer, grant an injunction requiring the person to do that act or
thing.
(5) If:
(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 contravention of
subsection 26(4) that relates to a requirement covered by paragraph
26(1)(c) to give information to a financial sector company;
the
Federal Court may, on the application of the company, grant an
injunction requiring the person to do that act or thing.
(6) 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 a
condition to which an approval under section 14 is subject;
the
Federal Court may, on the application of the Treasurer, grant an
injunction requiring the person to do that act or thing.
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