Injunctions
83 Injunctions
If the Court is satisfied, on the application of the Minister, the
Responsible authority or any other person, that a person has engaged or proposes to engage, in conduct that constitutes or would constitute a contravention of a provision of this Act or a related
Act, the Court may grant an injunction in such terms as the Court determines to be appropriate.
If the Court is satisfied, on the application of the Minister or the
Responsible authority, that a person has engaged in conduct constituting a contravention of a provision of this Act or a related
Act, the Court may grant an injunction requiring that person to take specified action (which may include the disclosure of information or the publication of advertisements) to remedy any adverse consequence of that conduct.
An injunction may be granted under this section—
by the Supreme Court or the District Court in the course of criminal proceedings in which the defendant is alleged to have been guilty of conduct of the kind to which the application relates; or
by the Supreme Court.
The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised—
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
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 other person if the person engages in conduct of that kind.
The power of the Court to grant an injunction requiring a person do an act or thing may be exercised—
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
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 other person if the person refuses or fails to do that act or thing.
An interim injunction may be granted under this section pending final determination of the application.
A final injunction may, by consent of the parties, be granted under this section without proof that proper grounds for the injunction exist.
Where the Minister or the Responsible authority applies for an injunction under this section, no undertaking as to damages will be required.
The
Minister may give an undertaking as to damages or costs on behalf of some other applicant and, in that event, no further undertaking will be required.
An injunction under this section may be rescinded or varied at any time.
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