118PIInjunctions

118PI Injunctions

Restraining injunctions (1) If: (a) a person is: (i) a digital radio multiplex transmitter licensee; or (ii) a person authorised by a digital radio multiplex transmitter licensee to operate a multiplex transmitter under the licence; and (b) the person has engaged, is engaging or is proposing to engage, in any conduct in contravention of this Division; the Federal Court may, on the application of the ACCC, grant an injunction: (c) restraining the person from engaging in the conduct; and (d) if, in the court’s opinion, it is desirable to do so—requiring the person to do something. Performance injunctions (2) If: (a) a person is: (i) a digital radio multiplex transmitter licensee; or (ii) a person authorised by a digital radio multiplex transmitter licensee to operate a multiplex transmitter under the licence; and (b) the person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and (c) the refusal or failure was, is or would be a contravention of this Division; the Federal Court may, on the application of the ACCC, grant an injunction requiring the person to do that act or thing.