Commonwealth Numbered Acts

TRADE PRACTICES (BOYCOTTS) AMENDMENT ACT 1980 No. 73 of 1980 - SECT 6

6. After section 80 of the Principal Act the following section is inserted:
Stay of injunctions

"80AA. (1) Nothing in Division 5A of Part III of the Conciliation and
Arbitration Act 1904 prevents the Court, pursuant to section 80, from granting
an injunction, but where-

   (a)  the Court has, pursuant to that section, granted an injunction
        restraining a person from engaging in conduct that constitutes or
        would constitute-

        (i)    a contravention of a provision of section 45D or of section
               45E;

        (ii)   attempting to contravene such a provision;

        (iii)  aiding, abetting, counselling or procuring a person to
               contravene such a provision;

        (iv)   inducing, or attempting to induce, a person, whether by
               threats, promises or otherwise, to contravene such a provision;

        (v)    being in any way, directly or indirectly, knowingly concerned
               in, or party to, the contravention by a person of such a
               provision; or

        (vi)   conspiring with others to contravene such a provision;

   (b)  there is a proceeding pending before the Australian Conciliation and
        Arbitration Commission under Division 5A of Part III of the
        Conciliation and Arbitration Act 1904, or before a court, tribunal or
        authority of a State or Territory exercising powers under a prescribed
        provision of a law of that State or Territory, in respect of a dispute
        relating to the conduct referred to in paragraph (a); and

   (c)  the conduct relates to the supply of goods or services to, or the
        acquisition of goods or services from, a person who is or becomes a
        party to the proceeding referred to in paragraph (b), the Court may,
        on the application of a Minister or of a party to the proceeding
        before the Court in relation to the conduct, if it considers that to
        do so would be likely to facilitate the settlement of the dispute by
        conciliation and that in all the circumstances it would be just to do
        so, by order, stay the operation of the injunction.



"(2) An order under sub-section (1) may be of unlimited duration or may be
expressed to have effect for a period specified in the order and may be varied
or rescinded by the Court at any time.



"(3) Nothing in sub-section (1) affects the powers that the Court has apart
from that sub-section.



"(4) The regulations shall not prescribe a provision of a law of a State or
Territory for the purposes of this section unless the Governor-General is
satisfied that the powers of the relevant court, tribunal or authority under
that provision are equivalent to the powers of the Australian Conciliation and
Arbitration Commission under section 88DC of the Conciliation and Arbitration
Act 1904.



"(5) Where the proceeding referred to in sub-section (1) before the Australian
Conciliation and Arbitration Commission, or before a court, tribunal or
authority of a State or Territory, is terminated by reason that the
Commission, or the court, tribunal or authority, has settled by conciliation
the dispute to which the conduct in respect of which the injunction was
granted relates, the Court shall not make any order in relation to the costs
of the proceedings in respect of the granting of the injunction or in relation
to the costs of any proceedings for the rescission of the injunction.



"(6) In this section, 'injunction' includes an interim injunction.".