sec.120ZInjunctions

### sec.120Z Injunctions The Supreme Court may, on the application of QCA, grant an injunction if satisfied an electricity entity or retailer has engaged or is proposing to engage, in conduct that constitutes, or would constitute any of the following— a contravention of a distribution network code; attempting to contravene a distribution network code; aiding, abetting, counselling or procuring an electricity entity or retailer to contravene a distribution network code; inducing, or attempting to induce, whether by threats, promises or otherwise, an electricity entity or retailer to contravene a distribution network code; being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by an electricity entity or retailer of a distribution network code; conspiring with others to contravene a distribution network code. An injunction may be granted on conditions. The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied an electricity entity or retailer has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) . The court may grant an interim injunction pending its decision on the application. The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages. The court may amend an injunction or interim injunction. An injunction or interim injunction restraining an electricity entity or retailer from engaging in conduct may be granted whether or not— it appears to the court that the entity or retailer intends to engage again, or to continue to engage, in conduct of that kind; or the entity or retailer has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the entity or retailer engages in conduct of that kind. An injunction or interim injunction requiring an electricity entity or retailer to do an act or thing may be granted whether or not— it appears to the court that the entity or retailer intends to fail again, or to continue to fail, to do that act or thing; or the entity or retailer has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the entity or retailer does not do the act or thing. s 120Z ins 1997 No. 77 s 39 sub 2006 No. 60 s 30 amd 2014 No. 48 ss 68 , 183 sch 1 (sec.120Z-ssec.1) The Supreme Court may, on the application of QCA, grant an injunction if satisfied an electricity entity or retailer has engaged or is proposing to engage, in conduct that constitutes, or would constitute any of the following— a contravention of a distribution network code; attempting to contravene a distribution network code; aiding, abetting, counselling or procuring an electricity entity or retailer to contravene a distribution network code; inducing, or attempting to induce, whether by threats, promises or otherwise, an electricity entity or retailer to contravene a distribution network code; being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by an electricity entity or retailer of a distribution network code; conspiring with others to contravene a distribution network code. (sec.120Z-ssec.2) An injunction may be granted on conditions. (sec.120Z-ssec.3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied an electricity entity or retailer has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) . (sec.120Z-ssec.4) The court may grant an interim injunction pending its decision on the application. (sec.120Z-ssec.5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages. (sec.120Z-ssec.6) The court may amend an injunction or interim injunction. (sec.120Z-ssec.7) An injunction or interim injunction restraining an electricity entity or retailer from engaging in conduct may be granted whether or not— it appears to the court that the entity or retailer intends to engage again, or to continue to engage, in conduct of that kind; or the entity or retailer has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the entity or retailer engages in conduct of that kind. (sec.120Z-ssec.8) An injunction or interim injunction requiring an electricity entity or retailer to do an act or thing may be granted whether or not— it appears to the court that the entity or retailer intends to fail again, or to continue to fail, to do that act or thing; or the entity or retailer has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the entity or retailer does not do the act or thing. - (a) a contravention of a distribution network code; - (b) attempting to contravene a distribution network code; - (c) aiding, abetting, counselling or procuring an electricity entity or retailer to contravene a distribution network code; - (d) inducing, or attempting to induce, whether by threats, promises or otherwise, an electricity entity or retailer to contravene a distribution network code; - (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by an electricity entity or retailer of a distribution network code; - (f) conspiring with others to contravene a distribution network code. - (a) it appears to the court that the entity or retailer intends to engage again, or to continue to engage, in conduct of that kind; or - (b) the entity or retailer has previously engaged in conduct of that kind; or - (c) there is an imminent danger of substantial damage to another person if the entity or retailer engages in conduct of that kind. - (a) it appears to the court that the entity or retailer intends to fail again, or to continue to fail, to do that act or thing; or - (b) the entity or retailer has previously failed to do the act or thing; or - (c) there is an imminent danger of substantial damage to another person if the entity or retailer does not do the act or thing.