Commonwealth Consolidated Acts

AIRPORTS ACT 1996 - SECT 218

Restraining injunctions

  (1)   If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of this Act or of a demand management scheme, the Federal Court may, on the application of 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 something.

  (2)   If:

  (a)   a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section   41 or 45; and

  (b)   in the case of a contravention of section   41--the contravention relates to the existence of an unacceptable foreign - ownership situation in relation to an airport - operator company; and

  (c)   in the case of a contravention of section   45--the contravention relates to the existence of an unacceptable airline - ownership situation in relation to an airport - operator company;

the Federal Court may, on the application of the company, grant an injunction:

  (d)   restraining the person from engaging in the conduct; and

  (e)   if, in the court's opinion, it is desirable to do so--requiring the person to do something.

  (3)   If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of section   51, the Federal Court may, on the application of a member of the pair of companies referred to in that section, 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 something.

Performance injunctions

  (4)   If:

  (a)   a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

  (b)   the refusal or failure was, is or would be a contravention of this Act or of a demand management scheme;

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

  (5)   If:

  (a)   a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

  (b)   the refusal or failure was, is or would be a contravention of subsection   60(4) that relates to a requirement covered by paragraph   60(1)(c) to give information to an airport - operator company;

the Federal Court may, on the application of the company, grant an injunction requiring the person to do that act or thing.