Tobacco and Other Smoking Products Act 1998
sec.209FDistrict Court’s powers
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sec.209F District Court’s powers
On considering the application for an injunction, the District Court may grant an injunction— restraining the person from engaging in the conduct concerned; and if in the court’s opinion it is desirable to do so, requiring the person to do anything. The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and whether or not the person has previously engaged in the conduct. The power of the court to grant an injunction requiring a person to do an act or thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and whether or not the person has previously failed to do the act or thing. An interim injunction may be granted under this division until the application is finally decided. The District Court may rescind or vary an injunction at any time. The powers conferred on the District Court under this division are in addition to, and do not limit, any other powers of the court. s 209F ins 2024 No. 51 s 27 (sec.209F-ssec.1) On considering the application for an injunction, the District Court may grant an injunction— restraining the person from engaging in the conduct concerned; and if in the court’s opinion it is desirable to do so, requiring the person to do anything. (sec.209F-ssec.2) The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and whether or not the person has previously engaged in the conduct. (sec.209F-ssec.3) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and whether or not the person has previously failed to do the act or thing. (sec.209F-ssec.4) An interim injunction may be granted under this division until the application is finally decided. (sec.209F-ssec.5) The District Court may rescind or vary an injunction at any time. (sec.209F-ssec.6) The powers conferred on the District Court under this division are in addition to, and do not limit, any other powers of the court.
- (a) restraining the person from engaging in the conduct concerned; and
- (b) if in the court’s opinion it is desirable to do so, requiring the person to do anything.
- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and
- (b) whether or not the person has previously engaged in the conduct.