Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 83

Injunctions

             (1)  Where a person has engaged, or is proposing to engage, in any conduct that constituted or would constitute an offence against:

                     (a)  this Act or the regulations; or

                     (b)  section 6 of the Crimes Act 1914 in relation to an offence against this Act or the regulations; or

                     (c)  section 11.1, 11.4 or 11.5 of the Criminal Code in relation to an offence against this Act or the regulations;

paragraph (the Federal Court may, on the application of the Minister or any other 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 any act or thing.

             (2)  Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).

             (3)  The Court may rescind or vary an injunction granted under subsection (1) or (2).

             (4)  The power of the Court 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; and

                     (c)  whether or not the conduct constitutes a serious and immediate risk of adverse health effects or adverse environmental effects.

             (5)  The power of the Court to grant an injunction requiring a person to do an act or 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 act or thing; and

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

                     (c)  whether or not there is a serious and immediate risk of adverse health effects or adverse environmental effects if the person refuses or fails to do that act or thing.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback