sec.46Injunctions

### sec.46 Injunctions Subsection (2) applies if a TABQ group company or another person has engaged, is engaging or is proposing to engage in conduct constituting— a contravention of the mandatory constitutional requirements; or attempting to contravene the mandatory constitutional requirements; or aiding, abetting, counselling or procuring a person to contravene the mandatory constitutional requirements; or inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory constitutional requirements; or being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory constitutional requirements; or conspiring with others to contravene the mandatory constitutional requirements. On the application of the Minister, the Supreme Court may grant an injunction restraining the company or other person from engaging in the conduct and, if the court considers it appropriate, requiring the company or other person to do something. If a TABQ group company or another person has failed, is failing or is proposing to fail to do something that the company or other person is required by the mandatory constitutional requirements to do, the Supreme Court may, on the application of the Minister, grant an injunction requiring the company or other person to do the thing. On an application under subsection (2) or (3) , the court may grant the injunction sought with the consent of all the parties to the proceeding, whether or not the court is satisfied the subsection applies. The court may grant an interim injunction pending a decision on an application under subsection (2) or (3) . The court may discharge or vary an injunction, and may grant an injunction on conditions. The court’s power to grant an injunction restraining a TABQ group company or another person from engaging in conduct may be exercised— whether or not it appears to the court that the company or other person intends to engage again, or to continue to engage, in the conduct; and whether or not the company or other person has previously engaged in conduct of that kind; and whether or not there is an imminent danger of substantial damage to a person if the company or other person engages, or continues to engage, in the conduct. The court’s power to grant an injunction requiring a TABQ group company or another person to do something may be exercised— whether or not it appears to the court that the company or other person intends to fail again, or to continue to fail, to do the thing; and whether or not the company or other person has previously failed to do a thing of that kind; and whether or not there is an imminent danger of substantial damage to a person if the company or other person fails, or continues to fail, to do the thing. If the Minister makes an application under subsection (2) or (3) , the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages. (sec.46-ssec.1) Subsection (2) applies if a TABQ group company or another person has engaged, is engaging or is proposing to engage in conduct constituting— a contravention of the mandatory constitutional requirements; or attempting to contravene the mandatory constitutional requirements; or aiding, abetting, counselling or procuring a person to contravene the mandatory constitutional requirements; or inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory constitutional requirements; or being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory constitutional requirements; or conspiring with others to contravene the mandatory constitutional requirements. (sec.46-ssec.2) On the application of the Minister, the Supreme Court may grant an injunction restraining the company or other person from engaging in the conduct and, if the court considers it appropriate, requiring the company or other person to do something. (sec.46-ssec.3) If a TABQ group company or another person has failed, is failing or is proposing to fail to do something that the company or other person is required by the mandatory constitutional requirements to do, the Supreme Court may, on the application of the Minister, grant an injunction requiring the company or other person to do the thing. (sec.46-ssec.4) On an application under subsection (2) or (3) , the court may grant the injunction sought with the consent of all the parties to the proceeding, whether or not the court is satisfied the subsection applies. (sec.46-ssec.5) The court may grant an interim injunction pending a decision on an application under subsection (2) or (3) . (sec.46-ssec.6) The court may discharge or vary an injunction, and may grant an injunction on conditions. (sec.46-ssec.7) The court’s power to grant an injunction restraining a TABQ group company or another person from engaging in conduct may be exercised— whether or not it appears to the court that the company or other person intends to engage again, or to continue to engage, in the conduct; and whether or not the company or other person has previously engaged in conduct of that kind; and whether or not there is an imminent danger of substantial damage to a person if the company or other person engages, or continues to engage, in the conduct. (sec.46-ssec.8) The court’s power to grant an injunction requiring a TABQ group company or another person to do something may be exercised— whether or not it appears to the court that the company or other person intends to fail again, or to continue to fail, to do the thing; and whether or not the company or other person has previously failed to do a thing of that kind; and whether or not there is an imminent danger of substantial damage to a person if the company or other person fails, or continues to fail, to do the thing. (sec.46-ssec.9) If the Minister makes an application under subsection (2) or (3) , the court must not require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages. - (a) a contravention of the mandatory constitutional requirements; or - (b) attempting to contravene the mandatory constitutional requirements; or - (c) aiding, abetting, counselling or procuring a person to contravene the mandatory constitutional requirements; or - (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory constitutional requirements; or - (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory constitutional requirements; or - (f) conspiring with others to contravene the mandatory constitutional requirements. - (a) whether or not it appears to the court that the company or other person intends to engage again, or to continue to engage, in the conduct; and - (b) whether or not the company or other person has previously engaged in conduct of that kind; and - (c) whether or not there is an imminent danger of substantial damage to a person if the company or other person engages, or continues to engage, in the conduct. - (a) whether or not it appears to the court that the company or other person intends to fail again, or to continue to fail, to do the thing; and - (b) whether or not the company or other person has previously failed to do a thing of that kind; and - (c) whether or not there is an imminent danger of substantial damage to a person if the company or other person fails, or continues to fail, to do the thing.