176EPreconditions for granting injunctions

#### 176E Preconditions for granting injunctions 176E Preconditions for granting injunctions > > (1) This section provides for certain procedural preconditions before an injunction may be granted under section 176D. > > > (2) An injunction is not to be granted unless the Supreme Court is satisfied that the application for the injunction was made— > > > > > (a) for a contravention that is alleged to have occurred—within 10 days or any other period prescribed by the regulations after the later of the following days— > > > > > > > (i) the day on which the alleged contravention occurred, > > > > > > > (ii) the day on which the applicant became aware, or ought reasonably to have become aware, of the alleged contravention, or > > > > > (b) for a contravention that it is alleged is occurring—within 10 days or any other period prescribed by the regulations after the day on which the applicant became aware, or ought reasonably to have become aware, of the alleged contravention, or > > > > > (c) for an alleged proposed contravention—within 10 days or any other period prescribed by the regulations after the day on which the applicant became aware, or ought reasonably to have become aware, of the alleged proposed contravention, or > > > > > (d) within any longer period as may be allowed by the Court. > > > (3) The Supreme Court must not allow a longer period under subsection (2)(d) unless the Court is satisfied that— > > > > > (a) the applicant’s failure to make the application within the applicable period referred to in subsection (2)(a), (b) or (c) is attributable to the applicant’s reasonable attempt to resolve the complaint as referred to in subsection (4)(b), or > > > > > (b) there are special circumstances that warrant allowing a longer period. > > > (4) Also, an injunction is not to be granted unless the Supreme Court is satisfied that— > > > > > (a) the applicant has made a complaint under Division 5 concerning the conduct of a government agency for which the injunction is sought, and > > > > > (b) if the Court considers that it would have been reasonable for the applicant for the injunction to have attempted to resolve the complaint—the applicant has made a reasonable attempt to resolve the complaint before applying for the injunction. > > **s 176E:** Ins 2018 No 72, Sch 1\[6\].