175Injunctions granted on the application of ESRA

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.