Commonwealth Numbered Acts Commonwealth Numbered ActsRestraining injunctions
(1) If 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 the marriage law survey process, the Federal Court may, on the application of an applicant referred to in subsection (5), grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if in the opinion of the Federal Court it is desirable to do so--requiring the person to do any act or thing.
Note: See also sections 22 (notice to Attorney-General in relation to injunction proceedings) and 23 (intervention by Attorney-General).
Performance injunctions
(2) 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 failure to comply with, or an offence against, this Act or any other law of the Commonwealth in its application to the marriage law survey process;
the Federal Court may, on the application of an applicant referred to in subsection (5), grant an injunction requiring the person to do that act or thing.
Injunctions relating to sections 6, 15 and 16--carriage service providers
(3) Without limiting subsection (1), if:
(a) an injunction could be granted under subsection (1) or (2) in relation to a contravention or proposed contravention by a person (the relevant person ) of section 6, 15 or 16 in relation to matter; and
(b) a carriage service provider supplies, or is to supply, a listed carriage service to the relevant person; and
(c) the listed carriage service is to be used solely for making bulk voice calls or sending bulk text messages;
the Federal Court may, on the application of an applicant referred to in subsection (5), grant an injunction restraining the carriage service provider from supplying the listed carriage service to the relevant person.
Injunctions relating to sections 6, 15 and 16--broadcasters
(4) Without limiting subsection (1), if an injunction could be granted under subsection (1) or (2) in relation to a contravention or proposed contravention by a person (the relevant person ) of section 6, 15 or 16 in relation to matter, the Federal Court may, on the application of an applicant referred to in subsection (5), grant an injunction restraining a broadcaster from broadcasting the matter.
Applicants for injunctions under this section
(5) Each of the following persons (the applicant ) may apply for an injunction under this section:
(a) the Electoral Commissioner;
(b) a notifying entity;
(c) a member, agent or officer (however described) of a notifying entity.
Interim injunctions
(6) If an application is made to the Federal Court for an injunction under subsection (1), (3) or (4), the Federal Court may, if in the opinion of the Federal 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 subsection (1), or restraining the carriage service provider or broadcaster as referred to in subsection (3) or (4), pending the determination of the application.
Discharging and varying injunctions
(7) The Federal Court may discharge or vary an injunction granted under this section.
Court not required to consider past and future conduct
(8) If an application is made to the Federal Court for the grant of an injunction under subsection (1) restraining a person from engaging in conduct of a particular kind, the power of the Federal Court to grant the injunction may be exercised:
(a) if the Federal Court is satisfied that the person has engaged in conduct of that kind--whether or not it appears to the Federal 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 Federal 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 other person if the person engages in conduct of that kind.
(9) If an application is made to the Federal Court for the grant of an injunction under subsection (1) or (2) requiring a person to do a particular act or thing, the power of the Federal Court to grant the injunction may be exercised:
(a) if the Federal Court is satisfied that the person has refused or failed to do that act or thing--whether or not it appears to the Federal 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 Federal 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 other person if the person refuses or fails to do that act or thing.
(10) If an application is made to the Federal Court for the grant of an injunction under subsection (3) or (4) restraining a carriage service provider or broadcaster as referred to in that subsection, the power of the Federal Court to grant the injunction may be exercised:
(a) if the Federal Court is satisfied that the relevant person has contravened section 6, 15 or 16--whether or not it appears to the Federal Court that the relevant person intends to contravene or continue to contravene that section; or
(b) if it appears to the Federal Court that, in the event that an injunction is not granted, it is likely that the relevant person will contravene section 6, 15 or 16--whether or not the relevant person has previously contravened that section.
No undertakings as to damages
(11) If an applicant referred to in subsection (5) makes an application to the Federal Court for the grant of an injunction under this section, the Federal Court may require the applicant, or any other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages, but only if the Federal Court is satisfied that such undertakings are appropriate in all the circumstances.
This section does not limit other powers of the Federal Court
(12) The powers conferred on the Federal Court under this section are in addition to, and not in derogation of, any other powers of the Federal Court, whether conferred by this Act or otherwise.