188VApplying for orders to restrain or remedy breaches of duty

188V Applying for orders to restrain or remedy breaches of duty

188V Applying for orders to restrain or remedy breaches of duty

(1) The Secretary may apply to the Tribunal for an order to remedy or restrain a breach of a duty under section 106(1) or (2).

(2) An order may be made without the Secretary being required to show a likelihood of damage.

(3) The Tribunal may grant an interim order pending the determination of the application if, in the Tribunal’s opinion, it is desirable to grant the order.

(4) The Tribunal must not require the Secretary or another person, as a condition of granting an interim order, to give an undertaking as to damages.

(5) The Tribunal may make the orders the Tribunal thinks fit to remedy or restrain a breach if satisfied a breach—

(a) has been committed, or

(b) will be committed unless restrained by an order of the Tribunal.

s 188V: Ins 2025 No 14, Sch 1[55].