Commonwealth Consolidated Acts

FUEL QUALITY STANDARDS ACT 2000 - SECT 65

Grant of injunction

  (1)   If a person has engaged, is engaging, or is about to engage, in any conduct that is or would be:

  (a)   an offence against this Act; or

  (b)   a contravention of a civil penalty provision;

a Court may, on the application of the Minister or any other aggrieved person, grant an injunction restraining the person from engaging in the conduct.

  (2)   If:

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

  (b)   the refusal or failure is, or would be:

  (i)   an offence against this Act; or

  (ii)   a contravention of a civil penalty provision;

a Court may, on the application of the Minister or any other aggrieved person, grant an injunction requiring the person to do the thing.

  (2A)   An individual is taken to be a person aggrieved by the conduct, refusal or failure mentioned in subsection   (1) or (2) if:

  (a)   the individual is an Australian citizen or ordinarily resident in Australia; and

  (b)   at any time in the 2 years immediately before the conduct, refusal or failure, the individual has engaged in a series of activities in Australia for protection or conservation of, or research into, the environment.

  (2B)   An organisation or association (whether incorporated or not) is taken to be a person aggrieved by the conduct, refusal or failure mentioned in subsection   (1) or (2) if:

  (a)   the organisation or association is incorporated, or was otherwise established, in Australia; and

  (b)   at any time in the 2 years immediately before the conduct, refusal or failure, the organisation or association has engaged in a series of activities in Australia for protection or conservation of, or research into, the environment; and

  (c)   at the time of the conduct, refusal or failure, the objects or purposes of the organisation or association included protection or conservation of, or research into, the environment.

  (2C)   To avoid doubt, subsections   (2A) and (2B) extend the meaning of the term aggrieved person for the purposes of an application to a Court under this section.

  (3)   The power of a Court to grant an injunction may be exercised:

  (a)   whether or not it appears to the Court that the person intends to engage, 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.

  (4)   A Court may discharge or vary an injunction granted by the Court under this section.

Interim injunction

  (5)   A Court may grant an interim injunction pending a determination of an application under subsection   (1).

Other powers

  (6)   The powers granted by this section are in addition to, and not in derogation of, any other powers of a Court.