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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