NSWIn ForceAct
Government Information (Information Commissioner) Act 2009
28Powers to prevent contravention of Information Act
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#### 28 Powers to prevent contravention of Information Act
28 Powers to prevent contravention of Information Act
> > (1) If a person has engaged, is engaged or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of any provision of an Information Act, the Supreme Court may, on the application of the Commissioner, grant an injunction restraining the person from engaging in that conduct and, if in the opinion of the Court it is desirable to do so, requiring that person to do any act or thing.
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> > (2) If a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do any act or thing that the person is required to do by or under an Information Act, the Supreme Court may, on the application of the Commissioner, grant an injunction requiring the person to do that act or thing.
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> > (3) If an application is made to the Court for an injunction under subsection (1), the Court may, if in its opinion it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in the conduct concerned pending the determination of the application.
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> > (4) The Court may rescind or vary an injunction granted under this section.
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> > (5) The Commissioner has standing to bring proceedings by way of judicial review in connection with the exercise of the functions of an agency under the GIPA Act.
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> > (6) The Commissioner does not have the function of bringing proceedings for an offence under an Information Act.