Commonwealth Consolidated Acts

COMMONWEALTH ELECTORAL ACT 1918 - SECT 383

             (1)  Where a person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of, or an offence against, this Act or any other law of the Commonwealth in its application to elections, the Federal Court of Australia (the Federal Court ) may, on the application of:

                     (a)  in a case where the conduct relates to an election--a candidate in the election; or

                     (b)  in any case--the Electoral Commission;

grant an injunction restraining the first-mentioned person from engaging in the conduct and, if in the opinion of the Federal Court it is desirable to do so, requiring that person to do any act or thing.

             (2)  Where:

                     (a)  a person has refused or failed, 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 failure to comply with, or an offence against, this Act or any other law of the Commonwealth in its application to elections;

the Federal Court may, on the application of:

                     (c)  in a case where the refusal or failure relates to an election--a candidate in the election; or

                     (d)  in any case--the Electoral Commission;

grant an injunction requiring the first-mentioned person to do that act or thing.

             (3)  Where an application is made to the Federal Court for an injunction under subsection (1), the Federal Court may, if in the opinion of the Federal Court it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind referred to in that subsection pending the determination of the application.

             (4)  The Federal Court may discharge or vary an injunction granted under subsection (1), (2) or (3).

             (5)  Where an application is made to the Federal Court for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the power of the Federal Court to grant the injunction may be exercised:

                     (a)  if the Federal Court is satisfied that the person has engaged in conduct of that kind--whether or not it appears to the Federal Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

                     (b)  if it appears to the Federal Court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind--whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

             (6)  Where an application is made to the Federal Court for the grant of an injunction requiring a person to do a particular act or thing, the power of the Federal Court to grant the injunction may be exercised:

                     (a)  if the Federal Court is satisfied that the person has refused or failed to do that act or thing--whether or not it appears to the Federal Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or

                     (b)  if it appears to the Federal Court that, in the event that an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing--whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing.

             (7)  Where the Electoral Commission makes an application to the Federal Court for the grant of an injunction under this section, the Federal Court shall not require the Electoral Commission or any other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages.

           (10)  The powers conferred on the Federal Court under this section are in addition to, and not in derogation of, any other powers of the Federal Court, whether conferred by this Act or otherwise.