Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 205

Cease trading injunctions

    (1)     The Minister or the Director may apply to the Supreme Court for the grant of 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) if the person is or has been 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 Supreme Court may grant the injunction sought—

        (a)     if—

              (i)     the Court is satisfied that the person is engaging in or has been engaging in conduct of that kind; and

              (ii)     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 and there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind; or

        (b)     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 injunction under this section may be granted—

        (a)     for a specified period; and

        (b)     on specified terms and conditions.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback