Injunctions
43 Injunctions
If a person has engaged, is engaging, or is proposing to engage in any conduct that is or would be an offence against this Act or the regulations, the Federal Court of Australia (the Court) may, on the application of the CEO, grant an injunction restraining the person from engaging in the conduct.
If:
a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do a thing; and
the refusal or failure is, or would be, an offence against this Act;
the Court may, on the application of the CEO, grant an injunction requiring the person to do the thing.
The power of the Court to grant an injunction may be exercised:
whether or not it appears to the Court that the person intends to engage, or to continue to engage, in conduct of that kind; and
whether or not the person has previously engaged in conduct of that kind.
The Court may discharge or vary an injunction granted under this section.
The Court may grant an interim injunction pending the determination of an application under subsection (1).
The powers granted by this section are in addition to, and not in derogation of, any other powers of the Court.
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