Private Health Insurance Act 2007

Ch 4 heading substituted by No 87 of 2015, s 3 and Sch 1 item 54, effective 1 July 2015. For transitional provisions, see note under s 3-15 . The heading formerly read:

CHAPTER 4 - PRIVATE HEALTH INSURERS

Pt 4-2 heading substituted by No 87 of 2015, s 3 and Sch 1 item 56, effective 1 July 2015. For transitional provisions, see note under s 3-15 . The heading formerly read:

PART 4 2 - CARRYING ON HEALTH INSURANCE BUSINESS

Div 118 repealed by No 87 of 2015, s 3 and Sch 1 item 59, effective 1 July 2015. For transitional provisions, see note under s 3-15 .

S 118-5 repealed by No 87 of 2015, s 3 and Sch 1 item 59, effective 1 July 2015. For transitional provisions, see note under s 3-15 . S 118-5 formerly read:

SECTION 118-5 INJUNCTIONS  
118-5(1)
The Federal Court may grant an injunction in such terms as it determines to be appropriate if, on the application of the Minister, the Council or any other person, the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute a contravention of section 118-1.

118-5(2)
The Federal Court may grant an interim injunction pending determination of an application under subsection (1).

118-5(3)
The court must not require an applicant for an injunction to give an undertaking as to damages as a condition of granting an interim injunction.

118-5(4)
The court may discharge or vary an injunction granted under subsection (1) or (2).

118-5(5)
The power of the 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.

118-5(6)
The power of the 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.