Commonwealth Numbered Acts

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 (NO. 73, 2011) - SECT 127

Restraining injunctions

             (1)  If a regulated entity has engaged, is engaging or is proposing to engage, in any conduct that would be in contravention of:

                     (a)  this Act; or

                     (b)  this Act's associated provisions;

the Federal Court or the Federal Magistrates Court may, on the application of TEQSA (on behalf of the Commonwealth), grant an injunction:

                     (c)  restraining the entity from engaging in the conduct; and

                     (d)  if, in the Court's opinion, it is desirable to do so--requiring the entity to do a thing.

Performance injunctions

             (2)  If:

                     (a)  a regulated entity has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do a thing; and

                     (b)  the refusal or failure was, is or would be in contravention of this Act or this Act's associated provisions;

the Federal Court or the Federal Magistrates Court may, on the application of TEQSA (on behalf of the Commonwealth), grant an injunction requiring the entity to do that thing.