Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 196

    (1)     This section applies to the following provisions (the "specified provisions")—

        (a)     section 53;

        (b)     section 54;

        (c)     section 55;

        (d)     section 113(3).

    (2)     The Supreme Court may grant an injunction, in any terms that it considers appropriate, if satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

        (a)     a contravention of a specified provision; or

        (b)     attempting to contravene a specified provision; or

        (c)     aiding, abetting, counselling or procuring a person to contravene a specified provision; or

        (d)     inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene a specified provision; or

        (e)     being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a specified provision; or

        (f)     conspiring with others to contravene a specified provision.

    (3)     Without limiting subsection (2), the Supreme Court may grant an injunction under that subsection restraining a person from doing any thing specified in subsection (4)—

        (a)     for a specified period; or

        (b)     except on specified terms and conditions.

    (4)     The things are—

        (a)     receiving or accepting requests for a person to be provided with a commercial passenger vehicle service (whether or not as part of, or incidental to, the carrying on of another business); and

        (b)     facilitating the receiving or acceptance of requests referred to in paragraph (a); and

        (c)     carrying on a business or supplying goods or services (whether or not as part of, or incidental to, the carrying on of another business).

    (5)     The Supreme Court may only grant an injunction under subsection (2) on an application made by the regulator.

    (6)     The power of the Supreme Court to grant an injunction under subsection (2) restraining a person from engaging in conduct may be exercised—

        (a)     whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in that subsection; and

        (b)     whether or not the person has previously engaged in conduct of that kind; and

        (c)     whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

    (7)     The power of the Supreme Court to grant an injunction under subsection (2) requiring a person to do an act or thing may be exercised—

        (a)     whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

        (b)     whether or not the person has previously refused or failed to do that act or thing; and

        (c)     whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.

    (8)     On an application under subsection (2) the Supreme Court may grant an injunction by consent of all the parties to the proceeding, whether or not the Court is satisfied as required by that subsection.

    (9)     If in the opinion of the Supreme Court it is desirable to do so, the Court may grant an interim injunction pending the determination of an application under subsection (2).

    (10)     In granting an interim injunction, the Supreme Court must not require the applicant or any other person to give any undertakings as to damages as a condition of doing so.

S. 197 inserted by No. 63/2017 s. 18.