Commonwealth Consolidated Acts

WEAPONS OF MASS DESTRUCTION (PREVENTION OF PROLIFERATION) ACT 1995 - SECT 16

(1)

If a person has engaged, or is proposing to engage, in any conduct that was or would be an offence against this Act, a court of competent jurisdiction may, on the application of the Minister, grant an injunction restraining the person from engaging in the conduct and, if in the court's opinion it is desirable to do so, requiring the person to do a particular thing.

(2)

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 (1).

(3)

The court may discharge or vary an injunction granted under subsection (1) or (2).

(4)

The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised:

(a)

whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

(b)

whether or not the person has previously engaged in conduct of that kind.

(5)

The power of the court to grant an injunction requiring a person to do a particular thing may be exercised:

(a)

whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and

(b)

whether or not the person has previously refused or failed to do that thing.