Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 259

259 Injunctions relating to pre-commencement conduct

(1) An existing injunction continues to be a valid injunction under the relevant Act according to its terms.

(2) The provisions of the relevant Act relating to injunctions apply to an existing injunction.

(3) If an existing injunction relates to a person’s existing licence, the injunction is taken to relate to the person’s transitioned licence.

(4) If an existing injunction relates to a person’s existing registration certificate, the injunction is taken to relate to the person’s transitioned licence or licences or transitioned certificate.

(5) The District Court may grant an injunction under a relevant Act, in addition to any other power to grant injunctions under the relevant Act, if the court is satisfied—

(a) a person has, before the commencement, engaged in conduct that constituted—

(i) a contravention of PAMDA or a repealed code of conduct; or

(ii) an attempt to contravene PAMDA or a repealed code of conduct; or

(iii) aiding, abetting, counselling or procuring a person to contravene PAMDA or a repealed code of conduct; or

(iv) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene PAMDA or a repealed code of conduct; or

(v) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of PAMDA or a repealed code of conduct; or

(vi) conspiring with others to contravene PAMDA or a repealed code of conduct; and

(b) the conduct would result in the grant of an injunction under the relevant Act if the conduct had happened after the commencement in relation to the relevant Act.

(6) An application under subsection (5) may be made by—

(a) the chief executive; or

(b) a person aggrieved by the respondent’s conduct.

(7) If, before the commencement—

(a) the chief executive applied to the District Court for an injunction under PAMDA, section 564; and

(b) the District Court has not decided the application;

the application may be heard and decided under PAMDA as if it had not been repealed.

(8) In this section—

"existing injunction" means an injunction granted by the District Court under PAMDA and in force immediately before the commencement.

"relevant Act" means—

(a) for an injunction relating to conduct, or conduct, of a kind regulated by the Debt Collectors Act—the Debt Collectors Act; or

(b) for an injunction relating to conduct, or conduct, of a kind regulated by the Motor Dealers and Chattel Auctioneers Act—the Motor Dealers and Chattel Auctioneers Act; or

(c) for an injunction relating to conduct, or conduct, of a kind regulated by this Act—this Act.