Commonwealth Consolidated Acts

TELSTRA CORPORATION ACT 1991 - SECT 8CD

Restraining injunctions

  (1)   If a person has engaged, is engaging or is proposing to engage in any conduct in contravention of Part   2, 2A or 2AA, 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 person has engaged, is engaging or is proposing to engage in any conduct in contravention of section   8BH, the Federal Court may, on the application of a Telstra successor company, 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

  (3)   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 Part   2 or 2A;

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

  (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 subsection   8BN(4) that relates to a requirement covered by paragraph   8BN(1)(c);

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