CTHRepealedAct
Employment Services Act 1994
175Injunctions granted on the application of ESRA
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#### 175 Injunctions granted on the application of ESRA
Restraining injunctions
(1) If an entity has engaged, is engaging or is proposing to engage in any conduct in contravention of:
(a) this Act; or
(b) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or
(c) if the entity is engaged under section 58—an agreement under that section; or
(d) the case management document rules in force under section 66; or
(e) a duty of non‑disclosure in force under section 67;
the Federal Court of Australia may, on the application of ESRA, grant an injunction:
(f) restraining the entity from engaging in the conduct; and
(g) if, in the court’s opinion, it is desirable to do so—requiring the entity to do something.
Performance injunctions
(2) If:
(a) an entity 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:
(i) this Act; or
(ii) if the entity is accredited under the accreditation scheme—a condition of that accreditation; or
(iii) if the entity is engaged under section 58—an agreement under that section; or
(iv) the case management document rules in force under section 66; or
(v) a duty of non‑disclosure in force under section 67;
the Federal Court of Australia may, on the application of ESRA, grant an injunction requiring the person to do that act or thing.