Commonwealth Numbered Acts

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GENE TECHNOLOGY ACT 2000 - SECT 147

Injunctions
(1)
If a person has engaged, is engaging, or is about to engage in any conduct that is or would be an offence against this Act or the regulations, the Federal Court of Australia (the Court ) may, on the application of the Regulator or any other aggrieved person, grant an injunction restraining the person from engaging in the conduct.

(2)
If:

(a)
a person has refused or failed, is refusing or failing, or is about to refuse or fail, to do a thing; and

(b)
the refusal or failure is, or would be, an offence against this Act or the regulations;

the Court may, on the application of the Regulator or any other aggrieved person, grant an injunction requiring the person to do the thing.

(3)
The power of the Court to grant an injunction may be exercised:

(a)
whether or not it appears to the Court that the person intends to engage, or to continue to engage, in conduct of that kind; and

(b)
whether or not the person has previously engaged in conduct of that kind.

(4)
The Court may discharge or vary an injunction granted under this section.

(5)
The Court may grant an interim injunction pending a determination of an application under subsection (1).

(6)
The powers granted by this section are in addition to, and not in derogation of, any other powers of the Court.



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