11BInjunctions relating to section 11A

#### 11B Injunctions relating to section 11A (1) If an Australian international airline or any other person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute: (a) a contravention of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (b) attempting to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (c) aiding, abetting, counselling or procuring a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory provisions of its constitution or a requirement under subsection 11A(1); or (f) conspiring with others to contravene the mandatory provisions of its constitution or a requirement under subsection 11A(1); the Federal Court may, on the application of the Minister, grant an injunction restraining the airline or the person from engaging in the conduct. If in the court’s opinion it is desirable to do so, the injunction may also require the airline or person to do any act or thing. (2) If an Australian international airline or any other person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the airline or person is required by the mandatory provisions of its constitution or under subsection 11A(1) to do, the Federal Court may, on the application of the Minister, grant an injunction requiring the airline or person to do that act or thing. (3) An injunction under this section is to be granted on such terms as the Federal Court thinks appropriate. (4) On an application under subsection (1) or (2), the Federal Court may, if the court determines it to be appropriate, grant an injunction by the consent of all the parties to the proceeding, whether or not the court is satisfied that that subsection applies. (5) If in the Federal Court’s opinion it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1). (6) The Federal Court may discharge or vary an injunction granted under this section. (7) The Federal Court’s power to grant an injunction restraining an Australian international airline or any other person from engaging in conduct may be exercised: (a) whether or not it appears to the court that the airline or person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the airline or person has previously engaged in conduct of that kind; and (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person engages in conduct of that kind. (8) The Federal Court’s power to grant an injunction requiring an Australian international airline or any other person to do an act or thing may be exercised: (a) whether or not it appears to the court that the airline or person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the airline or person has previously refused or failed to do that act or thing; and (c) whether or not there is imminent danger of substantial damage to any person if the airline or the first‑mentioned person refuses or fails to do that act or thing. (9) If the Minister applies to the Federal Court for an injunction under this section, the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages. (10) If the Federal Court has power under this section to grant an injunction: (a) restraining an Australian international airline or a person from engaging in particular conduct; or (b) requiring an Australian international airline or a person to do a particular act or thing; the court may, either in addition to or in substitution for the grant of the injunction, make such other order or orders as it thinks appropriate against the airline, or the person who engaged in the conduct or a person who was involved in the contravention. (11) In this section: > Australian international airline has the same meaning as in section 11A. > Federal Court means the Federal Court of Australia. > mandatory provisions, in relation to the constitution of an Australian international airline, means those provisions of the constitution that would be required in order for the airline’s constitution to comply with subsection 11A(2).