Victorian Current Acts

ESSENTIAL SERVICES COMMISSION ACT 2001 - SECT 54ZH

    (1)     A court may grant an injunction in any terms that it considers appropriate, if 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 determination, condition or provision referred to in subsection (2); or

        (b)     attempting to contravene a determination, condition or provision referred to in subsection (2); or

        (c)     aiding, abetting, counselling or procuring a person to contravene a determination, condition or provision referred to in subsection (2); or

        (d)     inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene a determination, condition or provision referred to in subsection (2); or

        (e)     being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a determination, condition or provision referred to in subsection (2); or

        (f)     conspiring with others to contravene a determination, condition or provision referred to in subsection (2).

    (2)     For the purposes of subsection (1), the determinations, conditions and provisions are—

        (a)     a determination made by the Commission under this Act or relevant legislation (other than a determination made under Division 1A or 3 of Part 6 of the Commercial Passenger Vehicle Industry Act 2017 ); or

        (b)     a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing under relevant legislation; or

        (c)     a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing by reason of an Order made under section 4; or

        (d)     a provision of a Code of Practice; or

        (e)     a provision of this Act; or

        (f)     a provision of relevant legislation (other than a provision that includes a statutory condition) in respect of which the Commission has powers or functions; or

        (g)     a provision of the following Orders—

              (i)     an Order made under section 13(1), 40D(1) or 40E(1) of the Electricity Industry Act 2000 ;

              (ii)     the Wimmera and Colac Tariff Order within the meaning of section 20 of the Gas Industry Act 2001 ;

              (iii)     an Order made under section 21(1), 48C(1) or 48D(1) of the Gas Industry Act 2001 .

    (3)     The court may grant the injunction under subsection (1) on application by the Commission or any other person.

    (4)     An application for an injunction under subsection (1) may be made ex parte .

    (5)     Without limiting subsection (1), the court may grant an injunction under that subsection restraining a person from carrying on a business or supplying goods or services (whether or not as part of, or incidental to, the carrying on of another business) in a regulated industry—

        (a)     for a specified period; or

        (b)     except on specified terms and conditions.

    (6)     Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following—

        (a)     refund money;

        (b)     transfer property;

        (c)     disclose information about the person's business activities or business associates;

        (d)     honour a promise.

    (7)     The power of the court to grant an injunction under subsection (1) 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.

    (8)     The power of the court to grant an injunction under subsection (1) 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.

S. 54ZI inserted by No. 41/2021 s. 9.