Commonwealth Consolidated Acts

DEFENCE TRADE CONTROLS ACT 2012 - SECT 70

Restraining injunctions

  (1)   If a person has engaged, is engaging or is proposing to engage, in conduct that is or would be an offence against this Act, the Federal Court of Australia may, on application by the Minister, 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 a thing.

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 a thing; and

  (b)   the refusal or failure is or would be an offence against this Act;

the Federal Court of Australia may, on application by the Minister, grant an injunction requiring the person to do that thing.

Interim injunctions

  (3)   Before deciding an application for an injunction under subsection   (1) or (2), the Federal Court of Australia may grant an interim injunction:

  (a)   restraining a person from engaging in conduct; or

  (b)   requiring a person to do a thing.

Discharging or varying injunctions

  (4)   The Federal Court of Australia may discharge or vary an injunction granted under this section.

Certain limits on granting injunctions not to apply

  (5)   The power of the Federal Court of Australia under this section to grant an injunction restraining a person from engaging in conduct may be exercised:

  (a)   whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

  (b)   whether or not the person has previously engaged in conduct of that kind.

  (6)   The power of the Federal Court of Australia under this section to grant an injunction requiring a person to do a thing may be exercised:

  (a)   whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and

  (b)   whether or not the person has previously refused or failed to do that thing.

Other powers of the Federal Court unaffected

  (7)   The powers conferred on the Federal Court of Australia under this section are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.