Queensland Consolidated Acts

LOCAL GOVERNMENT ELECTORAL ACT 2011 - SECT 200

200 Injunctions

(1) An application may be made to the Supreme Court for an injunction if—

(a) either—

(i) a person (the
"offending party" ) has engaged, is engaging or proposes to engage in conduct; or

(ii) a person (also the
"offending party" ) has failed, is failing or proposes to fail to do anything; and

(b) the conduct or failure constituted, constitutes or would constitute a contravention of, or an offence against, this part.

(2) The application may be made by—

(a) if the conduct or failure relates to an election—a candidate or nominee as a candidate in the election; or

(b) in any case—the commission.

(3) The court may grant an interim injunction pending determination of the application.

(4) If the electoral commission makes the application, the court must not require the commission or anyone else to give an undertaking about damages as a condition of granting an interim injunction.

(5) On consideration of the application, the court may—

(a) if subsection (1) (a) (i) applies—

(i) grant an injunction restraining the offending party from engaging in the conduct concerned; and

(ii) also require the offending party to do anything to prevent or remedy the contravention; or

(b) if subsection (1) (a) (ii) applies—grant an injunction requiring the offending party to do the thing in question.

(6) The court may grant the injunction if the court is satisfied—

(a) the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1) —whether or not it appears to the court that the offending party intends—

(i) to engage again or continue to engage in the conduct; or

(ii) to fail or continue to fail to do the thing; or

(b) that, if the injunction is not granted, it is likely the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1) , whether or not—

(i) the offending party has previously engaged in the conduct or failed to do the thing; or

(ii) there is imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing.

(7) The court may refuse to grant an injunction if the court is satisfied the application was not made to the court at the earliest possible opportunity.

(8) The court may discharge or vary the injunction or an interim injunction.

(9) The powers conferred on the court by this section are in addition to, and do not limit, other powers of the court.