42Injunctive remedies

42 Injunctive remedies (1) The Supreme Court may grant an injunction: (a) restraining a person from contravening a provision of this Code or a provision of an award; or (b) requiring a person to comply with a provision of this Code or a provision of an award. (2) The power of the Court to grant an injunction restraining a contravention of a provision of this Code or an award may be exercised: (a) whether or not the defendant has previously contravened the same provision; and (b) whether or not there is imminent danger of substantial damage to any person. (3) The power of the Court to grant an injunction requiring compliance with a provision of this Code or an award may be exercised: (a) whether or not the defendant has previously failed to comply with the provision; and

AustralAsia Railway (Third Party Access) Act 1999 30 (b) whether or not there is imminent danger of substantial damage to any person. (4) The Court may make an interim injunction under this clause. (5) An application for an injunction under this clause may be made by: (a) the regulator; or (b) a person with a proper interest in whether the relevant provision is complied with. (6) The Court may grant an injunction by consent without inquiry into the merits of the application. (7) If the regulator makes an application for an injunction, the Court cannot require the regulator or any other person to give an undertaking as to damages as a condition of granting the injunction. (8) The Court may, on application by the regulator or an interested party, discharge or vary an injunction.