Injunctions
218 Injunctions
Restraining injunctions
If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act or of a demand management scheme, the Federal Court may, on the application of the Minister, grant an injunction:
restraining the person from engaging in the conduct; and
if, in the court’s opinion, it is desirable to do so—requiring the person to do something.
If:
a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section 41 or 45; and
in the case of a contravention of section 41—the contravention relates to the existence of an unacceptable foreign‑ownership situation in relation to an airport‑operator company; and
in the case of a contravention of section 45—the contravention relates to the existence of an unacceptable airline‑ownership situation in relation to an airport‑operator company;
the Federal Court may, on the application of the company, grant an injunction:
restraining the person from engaging in the conduct; and
if, in the court’s opinion, it is desirable to do so—requiring the person to do something.
If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section 51, the Federal Court may, on the application of a member of the pair of companies referred to in that section, grant an injunction:
restraining the person from engaging in the conduct; and
if, in the court’s opinion, it is desirable to do so—requiring the person to do something.
Performance injunctions
If:
a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
the refusal or failure was, is or would be a contravention of this Act or of a demand management scheme;
the Federal Court may, on the application of the Minister, grant an injunction requiring the person to do that act or thing.
If:
a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
the refusal or failure was, is or would be a contravention of subsection 60(4) that relates to a requirement covered by paragraph 60(1)(c) to give information to an airport‑operator company;
the Federal Court may, on the application of the company, grant an injunction requiring the person to do that act or thing.
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