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Regulatory Powers (Standard Provisions) Bill 2014

Part 7 Injunctions

Division 1 Outline and operation of this Part

116   Simplified outline

                   The following is a simplified outline of this Part:

This Part creates a framework for using injunctions to enforce provisions.

For this Part to operate, a provision must be made enforceable under this Part. This is to be done by another Act.

Injunctions may be used to restrain a person from contravening a provision enforceable under this Part, or to compel compliance with such a provision.

An interim injunction is available.

117   Purpose and operation of this Part

             (1)  The principal purpose of this Part is to create a framework for the use of injunctions in the enforcement of provisions.

             (2)  However, for this Part to operate, a provision of an Act or a legislative instrument must be made enforceable under this Part.

118   Enforceable provisions

                   A provision of an Act or a legislative instrument is enforceable under this Part if an Act provides that the provision is enforceable under this Part.

119   Authorised person

             (1)  A person is an authorised person for the purposes of applying under this Part for an injunction in relation to a provision enforceable under this Part, if an Act provides that the person is an authorised person in relation to that provision for the purposes of this Part.

             (2)  A person who is an authorised person for the purpose of exercising powers mentioned in subsection (1) is also an authorised person for the purposes of:

                     (a)  exercising other powers under this Part; or

                     (b)  performing functions or duties under this Part;

that are incidental to the powers mentioned in subsection (1).

             (3)  Without limiting subsection (1), an Act may provide that a person is an authorised person in relation to a provision for the purposes of this Part by:

                     (a)  providing that a person of a specified class is an authorised person in relation to the provision for the purposes of this Part; or

                     (b)  authorising another person to specify that a person, or a person of a specified class, is an authorised person in relation to the provision for the purposes of this Part.

120   Relevant court

                   A court is a relevant court for the purposes of exercising powers under this Part in relation to the contravention of a provision enforceable under this Part, if an Act provides that the court is a relevant court in relation to that provision for the purposes of this Part.

Division 2 Injunctions

121   Grant of injunctions

Restraining injunctions

             (1)  If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a provision enforceable under this Part, a relevant court may, on application by an authorised person, grant an injunction:

                     (a)  restraining the person from engaging in the conduct; and

                     (b)  if, in the court’s opinion, it is desirable to do so—requiring the person to do a thing.

Performance injunctions

             (2)  If:

                     (a)  a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do a thing; and

                     (b)  the refusal or failure was, is or would be a contravention of a provision enforceable under this Part;

the court may, on application by an authorised person, grant an injunction requiring the person to do that thing.

122   Interim injunctions

Grant of interim injunctions

             (1)  Before deciding an application for an injunction under section 121, a relevant court may grant an interim injunction:

                     (a)  restraining a person from engaging in conduct; or

                     (b)  requiring a person to do a thing.

No undertakings as to damages

             (2)  The court must not require an applicant for an injunction under section 121 to give an undertaking as to damages as a condition of granting an interim injunction.

123   Discharging or varying injunctions

                   A relevant court may discharge or vary an injunction granted by that court under this Part.

124  Certain limits on granting injunctions not to apply

Restraining injunctions

             (1)  The power of a relevant court under this Part to grant an injunction 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 that kind; 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.

Performance injunctions

             (2)  The power of a relevant court under this Part to grant an injunction requiring a person to do a 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 thing; and

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

125   Other powers of a relevant court unaffected

                   The powers conferred on a relevant court under this Part are in addition to, and not instead of, any other powers of the court, whether conferred by this Act or otherwise.