CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 41J Injunctions

CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 41J

  (1)   In this section:

"prohibited carriage" means a passenger - carrying operation in relation to which:

  (a)   an acceptable contract of insurance is not in force; or

  (b)   if the carrier is, or is an agent of, the Crown in any capacity--an adequate financial arrangement does not exist.

  (2)   If CASA has reason to believe that a carrier has engaged, or is proposing to engage, in prohibited carriage, CASA may apply to a court of competent jurisdiction for an injunction restraining the carrier from engaging in the carriage.

  (3)   If the carrier does not satisfy the court that it is not engaging, or proposing to engage, in prohibited carriage, the court must grant the injunction.

  (4)   If in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection   ( 2).

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

  (6)   The power of the court to grant an injunction or an interim injunction restraining a carrier from engaging in prohibited carriage may be exercised:

  (a)   whether or not it appears to the court that the carrier intends to engage again, or to continue to engage, in prohibited carriage of that kind; and

  (b)   whether or not the carrier has previously engaged in prohibited carriage of that kind.

  (7)   A court must not require CASA, as a condition of granting an interim injunction, to give any undertakings as to damages.

  (8)   The Federal Court of Australia is invested with federal jurisdiction in matters where CASA applies for an injunction or an interim injunction under this section.