Queensland Consolidated Acts

ELECTORAL ACT 1992 - SECT 196

196 Injunctions

(1) If—

(a) either—

(i) a person (the
"offending party" ) has engaged, is engaging or is proposing to engage in conduct; or

(ii) a person (also the
"offending party" ) has failed, is failing or is proposing to fail to do anything; and

(b) the conduct or failure constituted, constitutes or would constitute a contravention of, or an offence against, this Act;

an application may be made to the Supreme Court for an injunction.

(2) The application may be made by—

(a) if the conduct or failure relates to an election—a candidate in the election; or

(b) in any case—the commission.

(3) The court may grant an interim injunction pending determination of the application.

(4) If the commission makes the application for the injunction, the court must not require it or another person to give any undertakings as to damages as a condition of granting an interim injunction under subsection (3) .

(5) On considering the application for the injunction, the court may—

(a) in a case to which subsection (1) (a) (i) applies—grant an injunction restraining the offending party from engaging in the conduct concerned and, if in the court’s opinion it is desirable to do so, requiring the offending party to do anything; or

(b) in a case to which subsection (1) (a) (ii) applies—grant an injunction requiring the offending party to do the thing concerned.

(6) The court may grant the injunction—

(a) if the court is satisfied that the offending party has engaged in the conduct, or failed to do the thing, mentioned in subsection (1) —whether or not it appears to the court that the offending party intends—

(i) to engage again or continue to engage in the conduct; or

(ii) to fail or continue to fail or do the thing; or

(b) if it appears to the court that, if the injunction is not granted, it is likely that the offending party will engage in the conduct, or fail to do the thing, mentioned in subsection (1) —whether or not—

(i) the offending party has previously engaged in the conduct or failed to do the thing; and

(ii) there is an imminent danger of substantial damage to any person if the offending party engages in the conduct or fails to do the thing.

(7) The court may refuse to grant an injunction if it appears to the court that the application was not made to the court at the earliest possible opportunity.

(8) The court may discharge or vary the injunction or any interim injunction granted under subsection (3) .

(9) The powers conferred on the court by this section are in addition to, and do not limit, any other powers of the court.