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COMMONWEALTHAct
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s 58

Injunctions

In force
Part 5Consequences of non‑compliance
Division 2Injunctions

58 Injunctions

Restraining injunctions

(1)

If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of Part 2, 3 or 4, a prescribed court may, on the application of the Authority, grant an injunction:

(a)

restraining the person from engaging in the conduct; and

(b)

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

(b)

the refusal or failure was, is or would be a contravention of Part 2, 3 or 4;

a prescribed court may, on the application of the Authority, grant an injunction requiring the person to do that act or thing.

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