223Injunctions

#### 223 Injunctions 223 Injunctions > > (1) If a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute— > > > > > (a) a contravention of this Act, or > > > > > (b) attempting to contravene this Act, or > > > > > (c) aiding, abetting, counselling or procuring a person to contravene this Act, or > > > > > (d) inducing or attempting to induce (whether by threats, promises or otherwise) a person to contravene this Act, or > > > > > (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act, or > > > > > (f) conspiring with others to contravene this Act, > > > > the Court may, on the application of the Registrar or a person whose interests have been, are or would be affected by the conduct, grant an injunction restraining the person from engaging in the conduct and, if in the Court’s opinion it is desirable to do so, requiring that person to do anything. > > > (2) If a person has failed, is failing, or is proposing to fail, to do anything that the person is required to do under this Act, the Court may, on the application of— > > > > > (a) the Registrar, or > > > > > (b) a person whose interests have been, are or would be affected by the failure to do the thing, > > > > grant an injunction, requiring the person to do the thing. > > > (3) If an application is made for an injunction under subsection (1) or (2), the Court may grant an injunction by consent of all the parties to the proceeding, whether or not the Court is satisfied that the subsection applies. > > > (4) The Court may grant an interim injunction pending determination of an application under subsection (1). > > > (5) The Court may discharge or vary an injunction granted under this section, and may grant an injunction on conditions. > > > (6) The power of the Court 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 the conduct, 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 another person if the person engages, or continues to engage, in the conduct. > > > (7) The power of the Court 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 fail again, or to continue to fail, to do the thing, and > > > > > (b) whether or not the person has previously failed to do the thing, and > > > > > (c) whether or not there is an imminent danger of substantial damage to another person if the person fails, or continues to fail, to do the thing. > > > (8) If the Registrar applies to the Court for the grant of an injunction under this section, the Court must not require the applicant or another person, as a condition of granting an interim injunction, to give an undertaking as to damages. > > > (9) In a proceeding under this section against a person, the Court may make an order under section 107 (Prohibition on transfer of money) in relation to the person. > > > (10) If the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct or requiring a person to do a particular thing, the Court may, either in addition to or in substitution for the grant of the injunction, order the person to pay damages to another person. > > > (11) The Court’s powers under this section are in addition to its other powers.