Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
NATIONAL GAS (QUEENSLAND) LAW - SECT 232
Proceedings for declaration that a person has breached a conduct provision
232 Proceedings for declaration that a person has breached a conduct provision
(1) The Court may make an order, on application by a person other than the
AER, declaring that another person has breached a conduct provision.
(2) If
the order declares a person has breached a conduct provision, the order may
include 1 or more of the following: (a) an order that the person cease, within
a specified period, the act, activity or practice constituting the breach;
(b) an order that the person take such action, or adopt such practice, as the
Court requires for remedying the breach or preventing a recurrence of the
breach;
(c) an order that the person implement a specified program for
compliance with this Law, the Regulations and the Rules;
(d) an order of a
kind prescribed by the Regulations.
(3) If a person has engaged, is engaging
or is proposing to engage in any conduct in breach of a conduct provision, the
Court may, on application by another person (other than the AER), grant an
injunction— (a) restraining the first mentioned person from engaging in the
conduct; and
(b) if, in the Court’s opinion, it is desirable to do
so—requiring the first mentioned person to do something.
(4) The power of
the Court under subsection (3) to grant an injunction restraining a person
from engaging in conduct of a particular kind 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, if 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 person engages in
conduct of that kind.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback