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s 54W

Application for injunction

In force
Part 9AEnforcement of civil penalty provisions
Division 9A.5Injunctions

54W Application for injunction

(1)

If a person has engaged, is engaging or is proposing to engage, in conduct constituting a contravention of a civil penalty provision, the court may, on application by the commission, 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.

(2)

The court’s power 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; and

(c)

whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

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