Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p45
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 108007–110712

by sub-section (1) apply in relation to any. imposition of penalties after the commencement of this section.

Injunctions.
48. Section 80 of the Principal Act is amended—
     (a) by omitting paragraph (c) of sub-section (1) and substituting the following paragraph: —
    "(c) subject to sub-section (1a)—any other person,";
     (b) by inserting after sub-section (1) the following sub-section:—
    "(1a) A person other than the Minister or the Commission is not entitled to make an application under sub-section (1) for an injunction by reason that a person has contravened or attempted to contravene or is proposing to contravene, or has been or is proposing to be involved in a contravention of, section 50."; and
     (c) by adding at the end thereof the following sub-sections:—
    "(4) Where an application is made to the Court for the grant of an injunction restraining a person from engaging in conduct of a particular kind, being conduct referred to in sub-section (1), the Court may—
        (a) if it is satisfied that the person has engaged in conduct of that kind—grant an injunction under sub-section (1) restraining the person from engaging in conduct of that kind; or
        (b) if in the opinion of the Court it is desirable to do so— grant an interim injunction under sub-section (2) restraining the person from engaging in conduct of that kind,
    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.
    "(5) Where an application is made to the Court for the grant of an injunction restraining a person from engaging in conduct of a particular kind, being conduct referred to in sub-section (1), the Court may—
        (a) if it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind—grant an injunction under sub-section (1) restraining the person from engaging in conduct of that kind; or
        (b) if in the opinion of the Court it is desirable to do so— grant an interim injunction under sub-section (2) restraining the person from engaging in conduct of that kind,
    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.
    "(6) Where the Minister or the Commission makes an application to the Court for the grant of an injunction under this section, the Court shall not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.
    "(7) Where—
        (a) in a case