11Limits on power to grant an injunction

11 Limits on power to grant an injunction

Complaint made by applicant to relevant Commonwealth entity (1) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) must not grant an injunction under this Part in relation to a contravention, or proposed contravention, by: (a) a relevant Commonwealth entity; or (b) an official of a relevant Commonwealth entity; unless: (c) the court is satisfied that the applicant for the injunction has made a complaint under section 18 to the accountable authority of the relevant Commonwealth entity about the contravention or proposed contravention; and (d) if the court considers that it would have been reasonable for the applicant for the injunction to have attempted to resolve the complaint—the court is satisfied that the applicant has made a reasonable attempt to resolve the complaint. Time limits for application (2) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) must not grant an injunction under this Part in relation to a contravention that has occurred unless the court is satisfied that the application for the injunction was made: (a) within 10 days after the later of the following days: (i) the day on which the contravention occurred; (ii) the day on which the applicant became aware, or ought reasonably to have become aware, of the contravention; or (b) within such longer period as the court allows. (3) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) must not grant an injunction under this Part in relation to a contravention that is occurring unless the court is satisfied that the application for the injunction was made: (a) within 10 days after the day on which the applicant became aware, or ought reasonably to have become aware, of the contravention; or (b) within such longer period as the court allows. (4) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) must not grant an injunction under this Part in relation to a proposed contravention unless the court is satisfied that the application for the injunction was made: (a) within 10 days after the day on which the applicant became aware, or ought reasonably to have become aware, of the proposed contravention; or (b) within such longer period as the court allows. (5) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) must not allow a longer period under paragraph (2)(b), (3)(b) or (4)(b) unless the court is satisfied that: (a) the applicant’s failure to make the application within the 10‑day period mentioned in paragraph (2)(a), (3)(a) or (4)(a) is attributable to the applicant’s reasonable attempt to resolve the complaint mentioned in paragraph (1)(c); or (b) there are special circumstances that warrant allowing a longer period.