234EInjunctions

234E Injunctions (1) A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute— (a) a contravention of a provision of this Act or of the regulations or of a notice, permit, direction, order or determination issued or made under this Act or the regulations (including a notice or order or determination of the Building Appeals Board); or (b) attempting to contravene such a provision; or (c) aiding, abetting, counselling or procuring a person to contravene such a provision; or (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or (f) conspiring with others to contravene such a provision. (2) The court may grant the injunction on application by— (b) a municipal building surveyor; or (c) Energy Safe Victoria; or (d) any other prescribed person. (3) An application for an injunction under subsection (1) may be made *ex parte*. (4) The power of the court to grant an injunction under subsection (1) restraining a person from engaging in conduct may be exercised— (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in that subsection; and (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind. (5) Without limiting subsection (1), the Supreme Court may grant an injunction under subsection (1) restraining a person from carrying on a business as a building practitioner or a plumber or supplying goods or services used in building work or plumbing work (whether or not as part of, or incidental to, the carrying on of another business)— (a) for a specified period; or (b) except on specified terms and conditions. (6) Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following— (a) institute a training program for the person's employees in relation to compliance with this Act and the building regulations; (b) carry out building work, protection work, plumbing work or other work; S. 234E(6)(ba) inserted by No. 46/2018 s. 72. (ba) in accordance with the regulations (if any)— (i) carry out testing, including the destructive testing, of a building product or material used in the construction of a building and to provide the results of such testing to the applicant; or (ii) arrange for the testing (including the destructive testing) of that building product or material by a prescribed testing authority and for that authority to provide the results of such testing to the applicant; (c) transfer property; (d) pay money, including the payment of money into court in relation to building work carried out, or to be carried out, under this Act by a municipal building surveyor; (e) destroy or dispose of goods that have been or may be used in carrying out building work or plumbing work. (7) The power of the court to grant an injunction under subsection (1) requiring a person to do an act or thing may be exercised— (a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing. S. 234F inserted by No. 21/2017 s. 48.