58HCourt order in relation to contraventions of enforceable provisions

58H Court order in relation to contraventions of enforceable provisions (1) If, on an application by the Minister, the Supreme Court is satisfied that a person— (a) has contravened, or is proposing to contravene, an enforceable provision; or (b) has been in any way, directly or indirectly, knowingly concerned in, or party to, a contravention or proposed contravention of an enforceable provision; or (c) has aided, abetted, counselled or procured such a contravention; or (d) has induced, whether by threats or promises or otherwise, such a contravention; or (e) has been in any way, directly or indirectly, knowingly concerned in, or party to such a contravention; or (f) has conspired with others to effect such a contravention— the Court may make an order restraining a person from engaging in specified conduct or requiring a person to take any specific action, in such terms as the Court determines is appropriate. (2) If an application for an order under subsection (1) has been made, the Court may, if the Court determines it to be appropriate, make an order by consent of all the parties to the proceeding, whether or not the Court is satisfied that a person has contravened, or is proposing to contravene, the enforceable provision. (3) If in the opinion of the Court it is desirable to do so, the Court may make an interim order pending determination of an application under subsection (1). (4) The Court may rescind or vary an order or interim order made under this section. (5) The power of the Court to grant an order restraining a person from engaging in conduct contravening an enforceable provision may be exercised— (a) whether or not it appears to the Court that the person intends to contravene again, or to continue to contravene the enforceable provision; and (b) whether or not the person has previously contravened the enforceable provision; and (c) whether or not there is an imminent danger of substantial damage to any other person or to property if the person contravenes the enforceable provision. (6) In this section— ***enforceable provision*** means— (a) a provision of the National Gas (Victoria) Law applying as a law of Victoria, or a provision of the National Gas Rules having the force of law in Victoria, as modified under an Order under section 58B, which— (i) imposes an obligation, duty or requirement on a person to do a thing specified in the provision, as modified; or (ii) prohibits a person from doing a thing specified in the provision, as modified; or (b) a provision of an Order under section 58B which— (i) imposes an obligation, duty or requirement on a person to do a thing specified in the provision; or (ii) prohibits a person from doing a thing specified in the provision. S. 58I inserted by No. 10/2026 s. 3.