Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_232:p1
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 232 (pt 1/2)
Character Range: 332363–334953

232  Injunctions

 (1) A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute:
 (a) a contravention of a provision of Chapter 2, 3 or 4; or
 (b) attempting 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, whether by threats, promises or otherwise, a person 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; or
 (f) conspiring with others to contravene such a provision.

 (2) The court may grant the injunction on application by the regulator or any other person.

 (3) Subsection (1) applies in relation to conduct constituted by applying or relying on, or purporting to apply or rely on, a term of a consumer contract that has been declared under section 250 to be an unfair term as if the conduct were a contravention of a provision of Chapter 2.

 (4) The power of the court to grant an injunction under subsection (1) 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 a kind referred to in that subsection; 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.

 (5) Without limiting subsection (1), the court may grant an injunction under that subsection restraining a person from carrying on a business or supplying goods or services (whether or not as part of, or incidental to, the carrying on of another business):
 (a) for a specified period; or
 (b) except on specified terms and conditions.

 (6) Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following:
 (a) refund money;
 (b) transfer property;
 (c) honour a promise;
 (d) destroy or dispose of goods.

 (7) The power of the court to grant an injunction under subsection (1) requiring a person to do an act or 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 act or thing; and
 (b) whether or not the person has previously refused