176Injunctions

176 Injunctions (1) Subsection (2) applies if a person has engaged, is engaging or is proposing to engage, in any conduct that constituted, constitutes or would constitute a contravention of, or an offence against, this Act or any other law of Victoria in its application to elections. (2) If this subsection applies, the Supreme Court may, on the application of— (a) in a case where the conduct relates to an election, a candidate in the election; or (b) in any case, the Commission— grant an injunction restraining the person from engaging in the conduct. (3) If in the opinion of the Supreme Court it is desirable to do so, the Supreme Court may on an application under subsection (2)— (a) before considering the application, grant an interim injunction restraining the person from engaging in conduct of the kind referred to in that subsection pending the determination of the application; or (b) grant an injunction requiring the person to do any act or thing. (4) Subsection (5) applies if— (a) a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and (b) the refusal or failure was, is, or would be, a failure to comply with, or an offence against, this Act or any other law of Victoria in its application to elections. (5) If this subsection applies, the Supreme Court may, on the application of— (a) in a case where the refusal or failure relates to an election, a candidate in the election; or (b) in any case, the Commission— grant an injunction requiring the person to do that act or thing. (6) The Supreme Court may discharge or vary an injunction granted under this section. (7) If the application is for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the power of the Supreme Court to grant the injunction may be exercised— (a) if the Supreme Court is satisfied that the person has engaged in conduct of that kind, whether or not it appears to the Supreme Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) if it appears to the Supreme Court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind— (i) whether or not the person has previously engaged in conduct of that kind; and (ii) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind. (8) If the application is for the grant of an injunction requiring a person to do a particular act or thing, the power of the Supreme Court to grant the injunction may be exercised— (a) if the Supreme Court is satisfied that the person has refused or failed to do that act or thing, whether or not it appears to the Supreme Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or (b) if it appears to the Supreme Court that, in the event that an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing— (i) whether or not the person has previously refused or failed to do that act or thing; and (ii) whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing. (9) If the application is made by the Commission, the Supreme Court must not require the Commission or any other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages. (10) The powers conferred on the Supreme Court under this section are in addition to, and not in derogation of, any other powers of the Supreme Court, whether conferred by this Act or otherwise.