18LOInjunctions

18LO Injunctions

(1) If a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute an offence against Part IV, V, VI or VII, the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of the Secretary, grant an injunction: (a) restraining the person from engaging in the conduct; or (b) requiring the person to do an act or thing. (2) On an application, the court may, if it thinks it appropriate, grant an injunction by consent of all parties to the proceedings, whether or not the court is satisfied that the person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute an offence against Part IV, V, VI or VII. (3) The court may, if it thinks it desirable, grant an interim injunction pending its determination of an application. (4) The court is not to require the Secretary or anyone else, as a condition of granting an interim injunction, to give an undertaking as to damages. (5) The court may vary or discharge an injunction it has granted. (6) The power to grant or vary an injunction restraining a person from engaging in conduct may be exercised: (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in such conduct; and (b) whether or not the person has previously engaged in such conduct. (7) The power to grant or vary an injunction requiring a person to do an act or thing may be exercised: (a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.