84‑10 Injunction in relation to non‑comp84‑10 Injunction in relation to non‑complying policies

84‑10 Injunction in relation to non‑complying policies (1) If a private health insurer has engaged, is engaging, or is proposing to engage, in conduct: (a) that contravenes or would contravene section 63‑1; or (b) that is or that would be an offence against section 84‑1; the Federal Court may, on application by a person mentioned in subsection (3), grant an injunction restraining the insurer from engaging in the conduct. (2) If: (a) a private health insurer has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do a thing; and (b) the refusal or failure: (i) contravenes or would contravene section 63‑1; or (ii) is or would be an offence against section 84‑1; the Federal Court may, on application by a person mentioned in subsection (3), grant an injunction requiring the insurer to do the thing. (3) For the purposes of subsections (1) and (2), an application may be made by: (a) the Minister; or (c) any other person. (4) The court may grant an interim injunction pending the determination of an application under subsection (1) or (2). (5) The court must not require an applicant for an injunction to give an undertaking as to damages as a condition of granting an interim injunction. (6) The court may discharge or vary an injunction granted under this section. (7) The power of the court to grant an injunction restraining a private health insurer from engaging in conduct may be exercised: (a) whether or not it appears to the court that the insurer intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the insurer has previously engaged in conduct of that kind. (8) The power of the court to grant an injunction requiring a private health insurer to do a thing may be exercised: (a) whether or not it appears to the court that the insurer intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and (b) whether or not the insurer has previously refused or failed to do that thing.