AUSTRALIAN POSTAL CORPORATION ACT 1989 - SECT 31 Actions for infringement of reserved services etc.

AUSTRALIAN POSTAL CORPORATION ACT 1989 - SECT 31

  (1)   Where a person has engaged, or is proposing to engage, in conduct that involves, or would involve, an infringement of Australia Post's exclusive right to undertake the reserved services, Australia Post may apply to the Federal Court for relief.

  (2)   The relief that may be granted includes an injunction and, at the option of Australia Post, either damages or an account of profits.

  (3)   Where, in the opinion of the Federal Court, it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection   (1).

  (4)   The power of the Federal 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;

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

  (c)   whether or not there is imminent danger of substantial damage to Australia Post if the person engages in conduct of that kind.