37Injunctions

#### 37 Injunctions (1) Where a person has engaged, is engaging, or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of a civil penalty provision, the Court may on the application of: (a) the Minister; or (b) any person whose interests have been, are or would be affected by the conduct; grant an injunction restraining the first‑mentioned person from engaging in the conduct and, if, in the opinion of the Court, it is desirable to do so, requiring that person to do any act or thing. (2) Where: (a) a person has refused or failed, is refusing or failing or is proposing to refuse or fail to do an act or thing; and (b) that refusal or failure is, or would be, a contravention of a civil penalty provision; the Court may, on the application of: (c) the Minister; or (d) any person whose interests have been, are or would be affected by that refusal or failure; grant an injunction requiring the first‑mentioned person to do that act or thing. (3) Where an application is made to the Court for an injunction under subsection (1), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim injunction restraining the person from engaging in conduct of the kind referred to in that subsection pending the determination of the application. (4) The Court may discharge or vary an injunction granted under subsection (1), (2) or (3). (5) Where an application is made to the Court for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the power of the Court to grant the injunction may be exercised: (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) if it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person engages in conduct of that kind. (6) Where an application is made to the Court for a grant of an injunction requiring a person to do a particular act or thing, the power of the Court to grant the injunction may be exercised: (a) if the Court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or (b) if it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person refuses or fails to do that act or thing. (7) Where the Minister makes an application to the Court for the grant of an injunction under this section, the Court shall not require the Minister or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.