SPAM ACT 2003 - SECT 32 Injunctions

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.