Australian Capital Territory Current Acts

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ELECTORAL ACT 1992 - SECT 322

Requiring things to be done

    (1)     This section applies if a person (the relevant person ) has failed, is failing, or proposes to fail to do something in contravention of this Act or another territory law in its application to elections.

    (2)     The commissioner or, if the conduct relates to an election, a candidate in the election may apply to the Supreme Court for an injunction requiring the relevant person to do the thing.

    (3)     On application under subsection (2), the Supreme Court may grant an injunction requiring the relevant person to do the thing.

    (4)     The Supreme Court may grant an injunction requiring a person to do something—

        (a)     if satisfied that the person has failed to do the thing, whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the thing; or

        (b)     if it appears to the court that, if an injunction is not granted, it is likely the person will fail to do the thing, whether or not the person has previously failed to do the thing and whether or not there is an imminent danger of substantial damage to someone else if the person fails to do the thing.



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