Australian Capital Territory Repealed Acts

This legislation has been repealed.

COOPERATIVES ACT 2002 (REPEALED) - SECT 454

    (1)     This section applies if a person (the relevant person ) has engaged, is engaging or is proposing to engage in conduct that was, is or would be—

        (a)     a contravention of this Act; or

        (b)     attempting to contravene this Act; or

        (c)     aiding, abetting, counselling or procuring a person to contravene this Act; or

        (d)     inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or

        (e)     being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or

        (f)     conspiring with others to contravene this Act.

    (2)     The registrar or a person whose interests have been, are or would be, affected by the conduct may apply to the Supreme Court for an injunction.

    (3)     On application under subsection (2), the Supreme Court may grant an injunction—

        (a)     restraining the relevant person from engaging in the conduct; and

        (b)     if, in the court's opinion it is desirable to do so, requiring the relevant person to do anything.

    (4)     The Supreme court may grant an interim injunction pending determination of the application.

    (5)     The Supreme Court may discharge or vary an injunction granted under this section.

    (6)     The Supreme Court to grant an injunction restraining a person from engaging in conduct of a particular kind—

        (a)     if satisfied that the person has engaged in conduct of that kind, 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; or

        (b)     if it appears to the court that, if an injunction is not granted, it is likely the person will engage in conduct of that kind, 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 someone else if the person engages in conduct of that kind.

    (7)     The Supreme Court may grant an injunction requiring a person to do something—

        (a)     if satisfied that the person has failed to do the thing, whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the thing; or

        (b)     if it appears to the court that, if an injunction is not granted, it is likely the person will fail to do the thing, whether or not the person has previously failed to do the thing and whether or not there is an imminent danger of substantial damage to someone else if the person fails to do the thing.

    (8)     If the Supreme Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular thing, the court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to anyone else.