Australian Capital Territory Repealed Acts

This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 1989 (REPEALED) - SECT 175

    (1)     This section applies if a person has committed, is committing, or is likely to commit, an offence against this Act.

Note 1     A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

Note 2     A reference to an Act includes a reference to statutory instruments made or in force under the Act, including regulations and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

    (2)     The chief executive or any other interested person may apply to the Magistrates Court for an injunction.

    (3)     On application under subsection (2), the Magistrates Court may grant an injunction restraining the person from contravening this Act (including by requiring the person to do something).

    (4)     The Magistrates Court may grant the injunction—

        (a)     whether or not it appears to the court that the person intends to contravene this Act, contravene this Act again or continue to contravene this Act; and

        (b)     whether or not the person has previously contravened this Act; and

        (c)     whether or not there is a likelihood of the health or safety of a person being affected if the person contravenes this Act; and

        (d)     whether or not a proceeding for an offence against this Act has begun or is about to begin.

    (5)     The Magistrates Court may grant an interim injunction restraining the person from committing an offence against this Act (including requiring the person to do something) before deciding an application for an injunction under this section.