Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 95 - Injunctions  

SECTION 95-15   GRANT OF INJUNCTIONS  
Restraining injunctions

95-15(1)    
If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a provision enforceable under this Division, a designated court may, on application by the Commissioner, 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

95-15(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 a provision enforceable under this Division;

the designated court may, on application by the Commissioner, grant an injunction requiring the person to do that thing.

Consent injunctions

95-15(3)    
A designated court may grant an injunction by consent of all the parties to proceedings under this section, whether or not the court is satisfied that the person has contravened, or will contravene, a provision enforceable under this Division.

Note: Information relating to injunctions may be placed on the Register in accordance with Division 40 .