Commonwealth Numbered Acts

REFERENDUM (MACHINERY PROVISIONS) ACT 1984 No. 44, 1984 - SECT 139

139. (1) Where a person has engaged, is engaging or is proposing to engage in
any conduct that constituted, constitutes or would constitute a contravention
of, or an offence against, this Act or any other law of the Commonwealth in
its application to referendums, a prescribed court may, on the application of
the Electoral Commission, grant an injunction restraining the first-mentioned
person from engaging in the conduct and, if in the opinion of the court it is
desirable to do so, requiring that person to do any act or thing.

(2) Where-

   (a)  a person has refused or failed, is refusing or failing, or is
        proposing to refuse or fail, to do an act or thing; and

   (b)  the refusal or failure was, is, or would be, a failure to comply with,
        or an offence against, this Act or any other law of the Commonwealth
        in its application to referendums, a prescribed court may, on the
        application of the Electoral Commission, grant an injunction requiring
        the first-mentioned person to do that act or thing.

(3) Where an application is made to a prescribed court for an injunction under
sub-section (1), the court may, if in the opinion of the court it is desirable
to do so, before considering the application, grant an interim injunction
restraining a person from engaging in conduct of the kind referred to in that
sub-section pending the determination of the application.

(4) A prescribed court may discharge or vary an injunction granted under
sub-section (1), (2) or (3).

(5) Where an application is made to a prescribed court for the grant of an
injunction restraining a person from engaging in conduct of a particular kind,
the power of the court to grant the injunction may be exercised-

   (a)  if the court is satisfied that the person has engaged in conduct of
        that kind-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; or

   (b)  if it appears to the court that, in the event that an injunction is
        not granted, it is likely that the person will engage in conduct of
        that kind-whether or not the person has previously engaged in conduct
        of that kind and whether or not there is an imminent danger of
        substantial damage to any person if the first-mentioned person engages
        in conduct of that kind.

(6) Where an application is made to a prescribed court for the grant of an
injunction requiring a person to do a particular act or thing, the power of
the court to grant the injunction may be exercised-

   (a)  if the court is satisfied that the person has refused or failed to do
        that act or thing-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; or

   (b)  if it appears to the court that, in the event that an injunction is
        not granted, it is likely that the person will refuse or fail to do
        that act or thing-whether or not the person has previously refused or
        failed to do that act or thing and whether or not there is an imminent
        danger of substantial damage to any person if the first-mentioned
        person refuses or fails to do that act or thing.

(7) Where the Electoral Commission makes an application to a prescribed court
for the grant of an injunction under this section, the court shall not require
the Electoral Commission or any other person, as a condition of the granting
of an interim injunction, to give any undertakings as to damages.

(8) A prescribed court (being a court of a State) is invested with federal
jurisdiction and, to the extent that the Constitution permits, jurisdiction is
conferred on a prescribed court (being a court of a Territory), with respect
to all matters arising under this section.

(9) An appeal lies to the Federal Court of Australia from a judgment or order
of a prescribed court exercising jurisdiction under this section.

(10) The powers conferred on a prescribed court under this section are in
addition to, and not in derogation of, any other powers of the court, whether
conferred by this Act or otherwise.
(11) In this section, ''prescribed court'' means the Supreme Court of a State
or Territory.