sec.135AJInjunctions

### sec.135AJ Injunctions The Supreme Court may, on the application of the regulator, grant an injunction if satisfied the retailer has engaged or is proposing to engage, in conduct that constitutes, or would constitute— a contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or attempting to contravene section  55DA (1) , 55DB (1) or 55DBA (2) . 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 the 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 the retailer from engaging in conduct may be granted whether or not— it appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or the retailer has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind. An injunction or interim injunction requiring the retailer to do an act or thing may be granted whether or not— it appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or the retailer has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the retailer does not do the act or thing. s 135AJ prev s 135AJ ins 2004 No. 50 s 12 amd 2009 No. 16 s 17 exp 30 June 2014 (see s 135JW) pres s 135AJ ins 2014 No. 48 s 74 (sec.135AJ-ssec.1) The Supreme Court may, on the application of the regulator, grant an injunction if satisfied the retailer has engaged or is proposing to engage, in conduct that constitutes, or would constitute— a contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or attempting to contravene section  55DA (1) , 55DB (1) or 55DBA (2) . (sec.135AJ-ssec.2) An injunction may be granted on conditions. (sec.135AJ-ssec.3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied the retailer has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) . (sec.135AJ-ssec.4) The court may grant an interim injunction pending its decision on the application. (sec.135AJ-ssec.5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages. (sec.135AJ-ssec.6) The court may amend an injunction or interim injunction. (sec.135AJ-ssec.7) An injunction or interim injunction restraining the retailer from engaging in conduct may be granted whether or not— it appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or the retailer has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind. (sec.135AJ-ssec.8) An injunction or interim injunction requiring the retailer to do an act or thing may be granted whether or not— it appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or the retailer has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the retailer does not do the act or thing. - (a) a contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or - (b) attempting to contravene section  55DA (1) , 55DB (1) or 55DBA (2) . - (a) it appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or - (b) the retailer has previously engaged in conduct of that kind; or - (c) there is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind. - (a) it appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or - (b) the 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 retailer does not do the act or thing.