4Injunctions to restrain false claims about diplomatic or consular status or designated overseas mission status

#### 4 Injunctions to restrain false claims about diplomatic or consular status or designated overseas mission status (1) The Court may, on the application of the Attorney‑General, grant an injunction restraining a person: (a) from engaging, or attempting to engage, in conduct that: (i) is, in relation to a diplomatic or consular mission established in Australia with the consent of the Commonwealth, conduct to which this subsection applies by virtue of subsection (2); or (ii) is, in relation to a designated overseas mission of a foreign territory, conduct to which this subsection applies by virtue of subsection (2A) or (2B); (b) from aiding, abetting, counselling or procuring a person to engage in any such conduct; (c) from inducing, or attempting to induce, a person, whether by threats, promises or otherwise, to engage in any such conduct; or (d) from being in any way directly or indirectly a party to the engaging by a person in any such conduct. (2) The conduct that is, in relation to a diplomatic or consular mission of a country established in Australia with the consent of the Commonwealth, conduct to which subsection (1) applies is: (a) conduct by way of displaying, or causing or permitting to be displayed, either within, on or outside premises (other than premises at which an office of that mission or the residence of a member of that mission is located) any sign, flag or insignia that states, implies or is reasonably capable of being taken to imply that there is located at the premises an office of a mission, or the residence of a member of a mission, that represents, in a diplomatic or consular capacity, that country or a part of that country, the people of that country or of a part of that country or a government of that country or of a part of that country; or (b) conduct by way of making or publishing, or causing or permitting to be made or published, any representation that states, implies or is reasonably capable of being taken to imply that there is located in Australia a mission (other than the diplomatic or consular mission of that country) or that a person in Australia occupies a position in a mission (other than the diplomatic or consular mission of that country), that represents, in a diplomatic or consular capacity, that country or a part of that country, the people of that country or of a part of that country or a government of that country or of a part of that country; other than: (c) conduct engaged in by a member of the staff (including the head) of a designated overseas mission in carrying out an authorised capacity of the designated overseas mission; or (d) conduct engaged in at the request or direction of a member of the staff (including the head) of a designated overseas mission, where the conduct would have been covered by paragraph (c) if it had been engaged in by that staff member. (2A) A person engages in conduct that is, in relation to a designated overseas mission of a foreign territory, conduct to which subsection (1) applies if: (a) the person displays, or causes or permits to be displayed, any sign, flag or insignia; and (b) the sign, flag or insignia is displayed within, on or outside any premises; and (c) the premises are not: (i) premises of the designated overseas mission; or (ii) the residence of a member of the staff (including the head) of the designated overseas mission; and (d) the sign, flag or insignia states, implies or is reasonably capable of being taken to imply that there is located at the premises an office of a mission, or the residence of a member of a mission, that represents, in a capacity that corresponds to an authorised capacity of the designated overseas mission: (i) that foreign territory or a part of that foreign territory; or (ii) the people of that foreign territory or of a part of that foreign territory; or (iii) a government of that foreign territory or of a part of that foreign territory; and (e) the conduct is neither: (i) engaged in, in a diplomatic or consular capacity, by a member of a diplomatic or consular mission established in Australia with the consent of the Commonwealth; nor (ii) engaged in at the request or direction of a member of such a diplomatic or consular mission, where the conduct would have been covered by subparagraph (i) if it had been engaged in by the member. (2B) A person also engages in conduct that is, in relation to a designated overseas mission of a foreign territory, conduct to which subsection (1) applies if: (a) the person makes or publishes, or causes or permits to be made or published, any representation; and (b) the representation states, implies or is reasonably capable of being taken to imply that: (i) there is located in Australia a mission (other than the designated overseas mission of that foreign territory); or (ii) a person in Australia occupies a position in a mission (other than the designated overseas mission of that foreign territory); that represents, in a capacity that corresponds to an authorised capacity of the designated overseas mission: (iii) that foreign territory or a part of that foreign territory; or (iv) the people of that foreign territory or of a part of that foreign territory; or (v) a government of that foreign territory or of a part of that foreign territory; and (c) the conduct is neither: (i) engaged in, in a diplomatic or consular capacity, by a member of a diplomatic or consular mission established in Australia with the consent of the Commonwealth; nor (ii) engaged in at the request or direction of a member of such a diplomatic or consular mission, where the conduct would have been covered by subparagraph (i) if it had been engaged in by the member. (3) Where, in the opinion of the Court, it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1). (4) The Court may rescind or vary an injunction under subsection (1) or (3). (5) Where an application is made to the Court for the granting of an injunction restraining a person from engaging in conduct of a particular kind, being conduct referred to in subsection (1), the Court may: (a) if it is satisfied that the person has engaged in conduct of that kind—grant an injunction under subsection (1) restraining the person from engaging in conduct of that kind; or (b) if, in the opinion of the Court, it is desirable to do so—grant an interim injunction under subsection (3) restraining the person from engaging in conduct of that kind. (6) Where an application is made to the Court for the granting of an injunction restraining a person from engaging in conduct of a particular kind, being conduct referred to in subsection (1), the Court may: (a) if it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind—grant an injunction under subsection (1) restraining the person from engaging in conduct of that kind; or (b) if, in the opinion of the Court, it is desirable to do so—grant an interim injunction under subsection (3) restraining the person from engaging in conduct of that kind; whether or not the person has previously engaged in conduct of that kind. (7) Where the Attorney‑General makes an application to the Court for the granting of an injunction under this section, the Court shall not require the Attorney‑General or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.