218Injunctions

218 Injunctions

Restraining injunctions (1) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act or of a demand management scheme, the Federal Court may, on the application of the Minister, grant an injunction: (a) restraining the person from engaging in the conduct; and (b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something. (2) If: (a) a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section 41 or 45; and (b) in the case of a contravention of section 41—the contravention relates to the existence of an unacceptable foreign‑ownership situation in relation to an airport‑operator company; and (c) in the case of a contravention of section 45—the contravention relates to the existence of an unacceptable airline‑ownership situation in relation to an airport‑operator company; the Federal Court may, on the application of the company, grant an injunction: (d) restraining the person from engaging in the conduct; and (e) if, in the court’s opinion, it is desirable to do so—requiring the person to do something. (3) If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section 51, the Federal Court may, on the application of a member of the pair of companies referred to in that section, grant an injunction: (a) restraining the person from engaging in the conduct; and (b) if, in the court’s opinion, it is desirable to do so—requiring the person to do something. Performance injunctions (4) If: (a) a person has refused or failed, or 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 contravention of this Act or of a demand management scheme; the Federal Court may, on the application of the Minister, grant an injunction requiring the person to do that act or thing. (5) 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 contravention of subsection 60(4) that relates to a requirement covered by paragraph 60(1)(c) to give information to an airport‑operator company; the Federal Court may, on the application of the company, grant an injunction requiring the person to do that act or thing.