Commonwealth Consolidated Acts

SPAM ACT 2003 - SECT 32

Restraining injunctions

             (1)  If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of a civil penalty provision, the Federal Court may, on the application of the ACMA, 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

             (2)  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 a civil penalty provision;

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