Victorian Current Acts

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MAJOR EVENTS ACT 2009 - SECT 121

Injunctions to restrain conduct

    (1)     The event organiser of an event to which this Part applies 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 section 117; or

        (b)     attempting or conspiring to contravene section 117; or

        (c)     aiding, abetting, counselling or procuring a person to contravene section 117; or

        (d)     inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene section 117; or

        (e)     being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 117.

    (2)     On an application under subsection (1), 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 proceeding, whether or not the person has engaged in, or is likely to engage in, conduct of that kind.

    (3)     Pending the determination of an application under this section, the court may grant an interim injunction if, in the opinion of the court, it is desirable to do so—

        (a)     whether or not it appears to the court that the person intends to engage in or continue to engage in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1); or

        (b)     whether or not the 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.



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