DO NOT CALL REGISTER ACT 2006 - SECT 34 Injunctions

DO NOT CALL REGISTER ACT 2006 - SECT 34

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 or the Federal Circuit and Family Court of Australia (Division   2) 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 or the Federal Circuit and Family Court of Australia (Division   2) may, on the application of the ACMA, grant an injunction requiring the person to do that act or thing.