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Building Products (Safety) Act 2017
70Supreme Court injunctions
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#### 70 Supreme Court injunctions
70 Supreme Court injunctions
> > (1) The Supreme Court may grant an injunction in such terms as the Court determines to be appropriate if satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes, or would constitute—
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> > > (a) a contravention of a provision of this Act, or
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> > > (b) attempting to contravene such a provision, or
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> > > (c) aiding, abetting, counselling or procuring a person to contravene such a provision, or
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> > > (d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene such a provision, or
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> > > (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision, or
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> > > (f) conspiring with others to contravene such a provision.
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> > (2) The Supreme Court may grant an injunction under this section only on the application of the Secretary made with the consent of the Minister.
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> > (3) The power of the Supreme Court to grant an injunction restraining a person from engaging in conduct may be exercised—
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> > > (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
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> > > (b) whether or not the person has previously engaged in conduct of that kind, and
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> > > (c) 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.
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> > (4) The power of the Supreme Court to grant an injunction requiring a person to do an act or thing may be exercised—
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> > > (a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing, and
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> > > (b) whether or not the person has previously failed to do that act or thing, and
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> > > (c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.
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> > (5) An injunction may be granted under this section as an interim injunction without an undertaking being required as to damages or costs or may be granted as a permanent injunction.