10Injunctions

10 Injunctions

(1) If Qantas or any other person has engaged, is engaging or is proposing to engage in conduct constituting: (a) a contravention of the mandatory articles or section 9; or (b) attempting to contravene the mandatory articles or section 9; or (c) aiding, abetting, counselling or procuring a person to contravene the mandatory articles or section 9; or (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory articles or section 9; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory articles or section 9; or (f) conspiring with others to contravene the mandatory articles or section 9; the Court may, on the application of the Minister, grant an injunction, on such terms as the Court thinks appropriate, restraining Qantas or the person from engaging in the conduct and, if in the opinion of the Court, it is desirable to do so, requiring Qantas or that person, as the case may be, to do any act or thing. (2) If Qantas or any other person has refused or failed, is refusing, or failing, or is proposing to refuse or fail, to do an act or thing that Qantas or the person is required by the mandatory articles to do, the Court may, on the application of the Minister, grant an injunction, on such terms as the Court thinks appropriate, requiring Qantas or the person to do that act or thing. (3) On an application for an injunction under subsection (1) or (2), the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceeding, whether or not the Court is satisfied that that subsection applies. (4) If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1). (5) The Court may discharge or vary an injunction granted under this section. (6) The power of the Court to grant an injunction restraining Qantas or any other person from engaging in conduct may be exercised: (a) whether or not it appears to the Court that Qantas or the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not Qantas or the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any person if Qantas or the first‑mentioned person engages in conduct of that kind. (7) The power of the Court to grant an injunction requiring Qantas or any other person to do an act or thing may be exercised: (a) whether or not it appears to the Court that Qantas or 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 Qantas or the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if Qantas or the first‑mentioned person refused or fails to do that act or thing. (8) If the Minister applies to the Court for the grant of an injunction under this section, the Court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages. (9) If the Court has power under this section to grant an injunction restraining Qantas or a person from engaging in particular conduct, or requiring Qantas or a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, make such other order or orders as it thinks appropriate against Qantas or the person who engaged in the conduct or a person who was involved in the contravention. (10) In this section: