Injunctions to ensure compliance with this Act
109 Injunctions to ensure compliance with this Act
The Director General may apply to the Supreme Court or the District Court for an injunction restraining a person —
from doing something that would, or would be likely to, constitute an offence under this Act; or
from aiding, abetting, counselling or procuring the commission of an offence under this Act; or
from conspiring with others to contravene or bring about the commission of an offence under this Act; or
from attempting to do anything referred to in paragraph (a), (b) or (c).
The Director General may apply to the Supreme Court or the District Court to enjoin a person to do something where the person’s omission to do it constitutes or would constitute an offence under this Act.
The court may grant an injunction whether or not the person has previously committed the offence, or would, if the injunction is not granted, be likely to commit or to continue to commit the offence.
An interim injunction may be granted before final determination of an application under subsection (1).
The court is not to require, as a condition of granting an interim injunction, that an undertaking be given as to damages or costs.
The taking of proceedings against a person for an offence under this Act is not affected by —
the making of an application for an injunction in relation to the commission of the offence; or
the grant of or refusal to grant an injunction; or
the rescission, variation or expiry of an injunction.
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