Grant of injunctions
121 Grant of injunctions
Restraining injunctions
If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a provision enforceable under this Part, a relevant court may, on application by an authorised person, 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 a thing.
Performance injunctions
If:
a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do a thing; and
the refusal or failure was, is or would be a contravention of a provision enforceable under this Part;
the court may, on application by an authorised person, grant an injunction requiring the person to do that thing.
This Act’s bill:Explanatory memorandumSecond reading speech
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