Commonwealth Numbered Acts

Liquid Fuel Emergency Act 1984 No. 5 of 1984 - SECT 37

37. (1) Where a person has engaged, is engaging, or is proposing to engage in
any conduct that constituted, constitutes or would constitute a contravention
of a relevant provision of this Act, the Court may on the application of-

   (a)  the Minister; or

   (b)  any person whose interests have been, are or would be affected by the
        conduct, grant an injunction restraining the first-mentioned person
        from engaging in the conduct and, if, in the opinion of the Court, it
        is desirable to do so, requiring that person to do any act or thing.

(2) Where-

   (a)  a person has refused or failed, is refusing or failing or is proposing
        to refuse or fail to do an act or thing; and

   (b)  that refusal or failure is, or would be, a contravention of a relevant
        provision of this Act, the Court may, on the application of-

   (c)  the Minister; or

   (d)  any person whose interests have been, are or would be affected by that
        refusal or failure, grant an injunction requiring the first-mentioned
        person to do that act or thing.

(3) Where an application is made to the Court for an injunction under
sub-section (1), the Court may, if in the opinion of the Court it is desirable
to do so, before considering the application, grant an interim injunction
restraining the person from engaging in conduct of the kind referred to in
that sub-section pending the determination of the application.

(4) The Court may discharge or vary an injunction granted under sub-section
(1), (2) or (3).

(5) Where an application is made to the Court for the grant of an injunction
restraining a person from engaging in conduct of a particular kind, the power
of the Court to grant the injunction may be exercised-

   (a)  if the Court is 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, in the event that an injunction is
        not granted, it is likely that 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 any person if the first-mentioned person engages
        in conduct of that kind.

(6) Where an application is made to the Court for a grant of an injunction
requiring a person to do a particular act or thing, the power of the Court to
grant the injunction may be exercised-

   (a)  if the Court is satisfied that the person has refused or failed to do
        that act or thing-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; or

   (b)  if it appears to the Court that, in the event that an injunction is
        not granted, it is likely that the person will refuse or fail to do
        that act or thing-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 person if the first-mentioned
        person refuses or fails to do that act or thing.

(7) Where the Minister makes an application to the Court for the grant of an
injunction under this section, the Court shall not require the Minister or any
other person, as a condition of granting an interim injunction, to give any
undertakings as to damages.