Victorian Current Acts

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LIQUOR CONTROL REFORM ACT 1998 - SECT 133H

Injunctions to restrain conduct

    (1)     The Commission may apply to the Supreme Court, County Court or Magistrates' Court for the grant of an injunction restraining a person from engaging in conduct that constitutes—

        (a)     a contravention of any provision of this Act; or

        (b)     attempting or conspiring 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 a person, whether by threats, promises or otherwise, 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.

    (2)     The Court may grant an injunction restraining a person from engaging in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1)—

        (a)     if the Court is satisfied that the person is engaging in or has been engaging in conduct of that kind, whether or not it appears to the Court that the person intends to engage again or continue to engage in the conduct; or

        (b)     if it appears to the Court that, in the event that the injunction is not granted, it is likely that the person will engage in conduct of that kind, whether or not that person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind; or

        (c)     if the Court determines it to be appropriate, by consent of all the parties to the proceedings, whether or not the person has engaged in, or is likely to engage in conduct of that kind.

    (3)     An application for an injunction under this section may be made ex parte .

S. 133I inserted by No. 58/2011 s. 61.



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