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ELECTORAL ACT 1985 - SECT 132

ELECTORAL ACT 1985 - SECT 132

132—Injunctions

        (1)         If a person contravenes or fails to comply with this Act or some other law of the State applicable to elections, or there are reasonable grounds to suppose that a person may contravene or fail to comply with this Act or some other law of the State applicable to elections, the Supreme Court may, on application by the Electoral Commissioner, grant an injunction for one or more of the following purposes:

            (a)         to restrain the person from engaging in conduct in breach of this Act or the other law; or

            (b)         to require the person to comply with this Act or the other law; or

            (c)         to require the person to take specified action to remedy non-compliance with this Act or the other law.

        (2)         However, an injunction cannot be granted under this section in relation to a contravention of, or non-compliance with, Division 2 of Part 13. 1

        (3)         The Court may—

            (a)         grant an injunction restraining conduct of a specified kind on an interim basis; or

            (b)         discharge or vary an injunction (whether or not granted on an interim basis).

        (4)         No undertaking as to damages is to be required as a condition of granting an injunction under this section.

Note—

1         For power to give injunctive relief in relation to electoral advertising, see section 113.