Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984 - SECT 26

  (1)   Where, on the application of the Minister, the Federal Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute:

  (a)   a contravention of a provision of a declaration made under Part   II;

  (b)   attempting to contravene such a provision;

  (c)   aiding, abetting, counselling or procuring a person to contravene such a provision;

  (d)   inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision;

  (e)   being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

  (f)   conspiring with others to contravene such a provision;

the Court may grant an injunction in such terms as the Court determines to be appropriate.

  (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;

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

  (c)   whether or not there is a serious and immediate threat of injury to, or desecration of, the relevant area, place, object or objects, as the case may be, if the person engages in conduct of that kind.

  (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;

  (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 threat of injury to, or desecration of, the relevant area, place, object or objects, as the case may be, if the person refuses or fails to do that act or thing.