Queensland Consolidated Acts

TAFE QUEENSLAND ACT 2013 - SECT 59

59 Injunction to prevent or restrain a contravention

(1) This section applies if the Minister reasonably believes a person (an
"offending party" ) has engaged, is engaging or is proposing to engage in conduct that contravened, is contravening or would contravene section 58 .

(2) The Minister may apply to the Supreme Court of Queensland (the
"court" ) for an injunction restraining the offending party from engaging, or continuing to engage, in the conduct.

(3) The court may grant an interim injunction restraining the offending party from engaging, or continuing to engage, in the conduct pending a decision about the application.

(4) After considering the application the court may—

(a) if it is satisfied on the balance of probabilities that the offending party has engaged, or is likely to engage or continue to engage, in the conduct—grant the injunction; or

(b) refuse to grant the injunction.

(5) The court may grant the injunction—

(a) if it is satisfied the offending party has engaged in the conduct—whether or not it considers the offending party intended to engage again, or continue to engage, in the conduct; or

(b) if it is satisfied the offending party will likely engage again, or continue to engage, in the conduct if the injunction is not granted—

(i) whether or not the offending party has previously engaged in the conduct; and

(ii) whether or not there is an imminent danger of substantial damage to a person if the offending party engaged in the conduct.

(6) If the court is satisfied there is an adequate reason for doing so, it may grant an injunction under subsection (3) or (4) without notice to the offending party.