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Government Advertising (Objectivity, Fairness and Accountability) Bill 2001
Schedule 1 Amendment of the Financial Management and Accountability Act 1997

   

1  After Part 8

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Part 8A - Government Advertising
57A  Use of public money for government advertising

 

(1) An official or Minister must not use public money for government advertising other than in accordance with the Principles and Guidelines for the Use of Government Advertising contained in Schedule 1.

(2) Any person may apply to the Federal Court for an injunction under this section in connection with government advertising.

(3) Where the Court is satisfied that an official or Minister has engaged, or is proposing to engage, in conduct that constitutes or would constitute a contravention of subsection (1), the Court may grant an injunction in such terms as the Court determines to be appropriate.

(4) Where an application for an injunction under subsection (2) has been made, the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that a person has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (3).

(5) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (2).

(6) The Court may rescind or vary an injunction granted under subsection (3) or (5).

(7) 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;

                     (b)           whether or not the person has previously engaged in conduct of that kind; and

                     (c)           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.

             (8)  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;

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

                     (c)  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.

2 At the end of the Act

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