Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 44AB

  (1)   The Federal Court may grant an injunction if a person has engaged, is engaging or proposes to engage in any conduct that contravenes the following:

  (a)   Part   VIA (label integrity program);

  (b)   Part   VIB (protection of geographical indications and other terms);

  (c)   section   44 (offence in relation to export of grape products);

  (d)   regulations made for the purposes of the provisions mentioned in paragraphs   (a) to (c).

  (2)   The injunction may:

  (a)   restrain the person from engaging in the conduct; and

  (b)   if the Court thinks it desirable to do so--require the person to do a particular act.

  (3)   An application for an injunction may be made by, or on behalf of, the following persons:

  (a)   the Authority;

  (b)   a declared wine makers organisation;

  (c)   a declared wine grape growers organisation;

  (d)   a person who is a manufacturer of wine, or a grower of wine grapes, in Australia or a designated foreign country;

  (e)   an organisation established under the law of Australia or of a designated foreign country whose objects or purposes include any of the following:

  (i)   the promotion of the manufacture of wine, the growing of wine grapes or the marketing of wine;

  (ii)   the promotion or protection of the interests of persons engaged in the manufacture of wine, the growing of wine grapes or the marketing of wine;

  (iii)   the promotion or protection of the interests of consumers of wine.

  (4)   The Court may grant an interim injunction pending a determination of an application for an injunction.

  (5)   The Court may discharge or vary an injunction granted under this section.

  (6)   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; and

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

  (7)   The powers conferred on the Federal Court by this section are in addition to, and not in derogation of, any other powers of the Court.