THERAPEUTIC GOODS ACT 1989 - SECT 42YN Grant of injunctions

THERAPEUTIC GOODS ACT 1989 - SECT 42YN

Restraining injunctions

  (1)   If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of this Act or the regulations, the Federal Court or Federal Circuit and Family Court of Australia (Division   2) may, on application by the Secretary, 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 a thing.

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 a thing; and

  (b)   the refusal or failure was, is or would be a contravention of this Act or the regulations;

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