Commonwealth Consolidated Acts

HORTICULTURE MARKETING AND RESEARCH AND DEVELOPMENT SERVICES ACT 2000 - SECT 27

Applications for injunctions

  (1)   The Minister may apply to the Federal Court for an injunction if the industry services body or the industry export control body has engaged, engages or proposes to engage in actionable conduct.

Note:   For the meaning of actionable conduct , see section   4.

Prohibitory injunctions

  (2)   The Federal Court may grant an injunction restraining the industry services body or the industry export control body from engaging in actionable conduct:

  (a)   whether or not it appears to the Federal Court that the body intends to engage again, or to continue to engage, in actionable conduct; and

  (b)   whether or not the body has previously engaged in actionable conduct;

if the body has engaged, engages or proposes to engage in actionable conduct.

Additional orders with prohibitory injunctions

  (3)   The Federal Court may make an order requiring the industry services body or the industry export control body to do something if:

  (a)   the Federal Court grants an injunction restraining the body from engaging in actionable conduct; and

  (b)   in the Federal Court's opinion it is desirable to make the order.

Mandatory injunctions

  (4)   The Federal Court may grant an injunction requiring the industry services body or the industry export control body to do an act:

  (a)   whether or not it appears to the Federal Court that the body intends to refuse or fail again, or to continue to refuse or fail, to do the act or thing; and

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

if the body has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do an act, and the refusal or failure did, does or would constitute actionable conduct.

Interim injunctions

  (5)   The Federal Court may grant an interim injunction:

  (a)   restraining the industry services body or the industry export control body from engaging in conduct; or

  (b)   requiring the industry services body or the industry export control body to do an act;

before deciding an application for an injunction under this section.

Discharge of injunctions

  (6)   The Federal Court may discharge, or vary, an injunction if an application for it to do so is made.

No undertakings as to damages

  (7)   The Federal Court must not require an applicant for an injunction to give an undertaking as to damages as a condition of granting an interim injunction.

Powers conferred in addition to other powers of the Federal Court

  (8)   The powers conferred on the Federal Court by this section are in addition to (and do not limit) any other powers of the Federal Court.