114DInjunction

114D Injunction

[Section 114D Inserted by No. 16 of 2003, s. 20, Applied:09 May 2003]

(1)  [Section 114D Subsection (1) amended by No. 59 of 2009, s. 65, Applied:01 Jun 2010] [Section 114D Subsection (1) amended by No. 59 of 2009, s. 65, Applied:01 Jun 2010] If the Regulator or workplace health and safety Secretary considers that an electricity entity is contravening, has contravened or is proposing to contravene this Act, the regulations or the Code, it, he or she may apply to a magistrate for an injunction.

(2)  If a magistrate is satisfied that an electricity entity is contravening, has contravened or is proposing to contravene this Act, the regulations or the Code, the magistrate may grant an injunction in terms the magistrate considers appropriate.

(3)  Without limiting subsection (2) , an injunction may require the electricity entity –

(a) to refrain from engaging in any conduct specified in the injunction; and

(b) to take the action specified in the injunction to remedy any consequences of the act of the electricity entity that contravened this Act, the regulations or the Code, including –

(i) the refunding of any amount wrongfully paid; and

(ii) the disclosure of information; and

(iii) the publication of advertisements relating to the contravention or the actions to remedy the contravention.

(4)  An injunction may be granted –

(a) [Section 114D Subsection (4) amended by No. 9 of 2012, s. 22, Applied:01 Jul 2012] in proceedings for an offence against this Act or the regulations; or

(b) in proceedings brought for the purposes of obtaining the injunction.

(5)  An injunction may be granted –