New South Wales Consolidated Acts

TOTALIZATOR ACT 1997 - SECT 46

46 Injunctions to prevent contraventions etc

(1) If the Supreme Court is satisfied on the application of the Minister that a licensee or former licensee has engaged or is proposing to engage in conduct that constitutes or would constitute--

(a) a contravention of a provision of this Act or of a condition of the licence, or

(b) attempting to contravene such a provision, or

(c) aiding, abetting, counselling or procuring a person to contravene such a provision, or

(d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene such a provision, or

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

(f) conspiring with others to contravene such a provision,

the Court may grant an injunction in such terms as the Court determines to be appropriate.

(2) If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.

(3) The Court may rescind or vary an injunction granted under this section.

(4) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised--

(a) 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, and

(b) whether or not the person has previously engaged in conduct of that kind, and

(c) 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.

(5) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised--

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

(b) whether or not the person has previously failed to do that act or thing, and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.

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