Tasmanian Numbered Acts
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AUSTRALIAN CONSUMER LAW (TASMANIA) ACT 2010 (NO. 40 OF 2010) - SECT 27
Injunctions in respect of certain provisions of this Act or related Acts
(1) The Supreme Court may grant an injunction in the terms the Court
determines to be appropriate if, on the application of the Minister, the
Director or any other person, the Court is satisfied that a person has
engaged, or is proposing to engage, in conduct that constitutes or would
constitute (a) a contravention of a provision of this Act or a
related Act; 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, 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.
(2) Subsection (1) does not apply in relation to a provision of the Australian Consumer Law (Tasmania).
(3) Nothing in this section is to be taken to prevent the granting of an
injunction under the Australian Consumer Law (Tasmania) .
(4) Without prejudice to the generality of subsection (1) , an
injunction granted under that subsection may be, or include, an injunction
restraining a person from carrying on a business of supplying goods or
services (whether or not as part of, or incidental to, the carrying on of
another business) (a) for a specified period; or
(b) except on
specified terms and conditions.
(5) The Supreme Court may, if (a) an application for an
injunction under subsection (1) has been made; and
(b) the Court
determines it to be appropriate
grant an injunction by consent of
all the parties to the proceedings, whether or not the Court is satisfied that
a person has engaged, or is proposing to engage, in conduct of a kind
specified in subsection (1) .
(6) The Supreme Court may grant an interim injunction pending
determination of an application under subsection (1) , if, in the opinion
of the Court, it is desirable to do so.
(7) The Supreme Court may rescind or vary an injunction granted under
subsection (1) , (5) or (6) .
(8) If the Minister or the Director makes an application to the Supreme
Court for the grant of an injunction under this section, the Court is not to
require the applicant or any other person, as a condition of granting an
interim injunction, to give any undertakings as to damages.
(9) If (a) in a case to which subsection (8) does not
apply, the Supreme Court would, but for this subsection, require a person to
give an undertaking as to damages or costs; and
(b) the Minister gives the
undertaking
the Supreme Court is to accept the undertaking by the
Minister and is not to require a further undertaking from any other person.
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