Gas Safety Act 1997

A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

a contravention of a provision of this Act or of the regulations or a contravention of a notice, direction, order or determination issued or made under a provision of this Act or the regulations; or

attempting to contravene such a provision; or

aiding, abetting, counselling or procuring a person to contravene such a provision; or

inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or

being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

conspiring with others to contravene such a provision.

The court may grant an injunction under subsection (1) on application by—

Energy Safe Victoria; or

any prescribed person.

An application for an injunction under subsection (1) may be made ex parte.

The power of the court to grant an injunction under subsection (1) 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 a kind referred to in that subsection; 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.

Without limiting subsection (1), the Supreme Court may grant an injunction restraining a person from carrying on a business that involves the carrying out of any regulated activity, (whether or not as part of, or incidental to, the carrying on of another business) including but not limited to carrying on the business of a gas company, a manufacturer of gas appliances or gas installations or an operator of a gas installation or proposed installation—

for a specified period; or

except on specified terms and conditions.

Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following at the person's cost—

institute a training program for the person's employees in relation to compliance with this Act and the regulations;

carry out gas work or arrange for gas work to be carried out by a licensed plumber or a registered plumber;

in accordance with the regulations (if any)—

carry out testing of a gas installation or gas equipment and provide the results of such testing to Energy Safe Victoria or any other applicant for the injunction; or

arrange for the testing of a gas installation or gas equipment by a licensed plumber, a registered plumber or a person or body approved by Energy Safe Victoria and provide the results of the testing to Energy Safe Victoria or any other applicant for the injunction.

The power of the court to grant an injunction under subsection (1) requiring a person to 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.

In this section—

is regulated by this Act; or

involves the carrying out of an activity by a person who is regulated by this Act.