Financial Transaction Reports Act 1988
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.
View history note
Hide history noteWhere, 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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