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s 69EM

Grant of injunctions

In force
Part 7ABEnforcement
Division 4Injunctions

69EM Grant of injunctions

Restraining injunctions

(1)

If a person has engaged, is engaging or is proposing to engage, in conduct that constitutes an offence against this Act or the Collection Act or a contravention of a civil penalty provision, a court of competent jurisdiction may, on application by any person, grant an injunction:

(a)

restraining the first‑mentioned person from engaging in the conduct; and

(b)

if, in the court’s opinion, it is desirable to do so—requiring the first‑mentioned person to do a thing.

Performance injunctions

(2)

If:

(a)

a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do a thing; and

(b)

the refusal or failure was, is or would be, an offence against this Act or the Collection Act or a contravention of a civil penalty provision;

the court may, on application by any person, grant an injunction requiring the first‑mentioned person to do that thing.

Grant of interim injunctions

(3)

Before deciding an application for an injunction under this section, the court may grant an interim injunction:

(a)

restraining a person from engaging in conduct; or

(b)

requiring a person to do a thing.

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Section 69EM — Grant of injunctions — Agricultural and Veterinary Chemicals (Administration) Act 1992 (Commonwealth) — Barrister AI