NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 (NO. 129, 2007) - SECT 89 Injunctions
NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 (NO. 129, 2007) - SECT 89
Injunctions(1) If a person:
(a) has engaged or is engaging in conduct that contravenes this Part (other than Division 4); or
(b) is proposing to engage in conduct that would contravene this Part (other than Division 4);
the Federal Court may, on the application of the Minister or any person whose interests have been, are or would be affected by the conduct or proposed conduct, grant an injunction on such terms as the Court considers appropriate.
(2) If a person:
(a) has refused, failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
(b) that refusal or failure contravenes, or would contravene, this Part (other than Division 4);
the Federal Court may, on the application of the Minister or any person whose interests have been, are or would be affected by the refusal or failure, grant an injunction on such terms as the Court considers appropriate.
(3) If, in the opinion of the Federal Court it is desirable to do so, the Court may grant an interim injunction pending the determination of an application under subsection (1) or (2).
(4) If the Minister makes an application to the Federal Court under this section, the Court shall not require the Minister or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.