FINANCIAL TRANSACTION REPORTS ACT 1988

PART V - ENFORCEMENT  

SECTION 32   INJUNCTION  

32(1)   [Power of prescribed court]  

Where, on the application of the AUSTRAC CEO, a prescribed court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute:


(a) a contravention of Part II or III or this Part;


(b) attempting to contravene such a provision;


(c) aiding, abetting, counselling or procuring a person to contravene such a provision;


(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision;


(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or


(f) conspiring with others to contravene such a provision;

the court may grant an injunction in such terms as the court determines to be appropriate.

32(2)   [Interim injunction]  

Where, in the opinion of a prescribed court, it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).

32(3)   [Rescission or variation of injunction]  

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

32(4)   [Prohibitory injunction]  

The power of a prescribed 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.

32(5)   [Mandatory injunction]  

The power of a prescribed court to grant an injunction requiring a person to do an act or 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 act or thing; and


(b) whether or not the person has previously refused or failed to do that act or thing.

32(6)   [ " prescribed court " ]  

In this section:

"prescribed court"
means the High Court of Australia or the Federal Court of Australia.




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