Australian Capital Territory Repealed Acts

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This legislation has been repealed.

WATER EFFICIENCY LABELLING AND STANDARDS ACT 2005 (REPEALED) - SECT 44

Injunctions

    (1)     If a person has engaged, is engaging or is proposing to engage in conduct that was, is or would be an offence against this Act, the Supreme Court may, on the regulator's application, grant an injunction—

        (a)     restraining the person from engaging in the conduct; or

        (b)     requiring the person to do anything.

    (2)     On an application, the Supreme Court may grant an injunction by consent of all parties to the proceeding, whether or not the court is satisfied that the person has engaged, is engaging or is proposing to engage in any conduct that was, is or would be an offence against this Act.

    (3)     The Supreme Court may grant an interim injunction pending its decision on an application.

    (4)     The Supreme Court must not require the regulator or anyone else to give an undertaking about damages as a condition of granting an interim injunction.

    (5)     The Supreme Court may discharge or amend an injunction it has granted.

    (6)     The power to grant or amend an injunction restraining a person from engaging in conduct may be exercised—

        (a)     whether or not it appears to the Supreme Court that the person intends to engage again, or to continue to engage, in the conduct; and

        (b)     whether or not the person has previously engaged in the conduct.

    (7)     The power to grant or amend an injunction requiring a person to do anything may be exercised—

        (a)     whether or not it appears to the Supreme Court that the person intends to fail again, or to continue to fail, to do the thing; and

        (b)     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 anyone if the person fails to do the thing.

Note     The Commonwealth Act

, s 44 gives a similar power to grant injunctions to the Federal Court.



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