Emergency Services Levy Insurance Monitor Act 2024
47Injunctions
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47 Injunctions
47 Injunctions
(1) The Supreme Court may grant an injunction, in the terms the Court considers appropriate, if the Court is satisfied a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—
(a) prohibited conduct, or
(b) aiding, abetting, counselling or procuring another person to engage in prohibited conduct, or
(c) inducing, by threats, promises or otherwise, another person to engage in prohibited conduct, or
(d) being in any way, directly or indirectly, knowingly concerned in, or a party to, prohibited conduct, or
(e) conspiring with another person to engage in prohibited conduct.
(2) The Court may grant the injunction on the application of the Monitor or another person.
(3) The Court may grant an injunction under subsection (1) restraining a person from engaging in prohibited conduct—
(a) whether or not it appears to the Court the person intends to engage again or continue to engage in the prohibited conduct, and
(b) whether or not the person has previously engaged in prohibited conduct of that kind, and
(c) whether or not there is imminent danger of substantial damage to another person if the person engages in prohibited conduct of that kind.
(4) The Court may grant an injunction under subsection (1) requiring a person to do an act or thing—
(a) whether or not it appears to the Court the person intends to refuse or fail again, or to continue to refuse or fail, to do the act or thing, and
(b) whether or not the person has previously refused or failed to do the act or thing, and
(c) whether or not there is imminent danger of substantial damage to another person if the person refuses or fails to do the act or thing.
(5) Without limiting subsection (1), the Court may grant an injunction requiring a person to do the following—
(a) institute a training program for the person’s employees in relation to prohibited conduct and compliance with this Act,