Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 151CA

  (1)   Subject to subsection   (3), if the Federal Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute:

  (a)   a contravention of the competition rule, a record - keeping rule or a disclosure direction; or

  (b)   attempting to contravene the competition rule, a record - keeping rule or a disclosure direction; or

  (c)   aiding, abetting, counselling or procuring a person to contravene the competition rule, a record - keeping rule or a disclosure direction; or

  (d)   inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene the competition rule, a record - keeping rule or a disclosure direction; or

  (e)   being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the competition rule, a record - keeping rule or a disclosure direction; or

  (f)   conspiring with others to contravene the competition rule, a record - keeping rule or a disclosure direction;

the Court may, on the application of the Commission or any other person, grant an injunction in such terms as the Court determines to be appropriate.

  (2)   If:

  (a)   an application for an injunction under subsection   (1) has been made; and

  (b)   the Court determines it to be appropriate to do so;

the Court may grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that a person has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection   (1).

  (3)   If, in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection   (1).

  (4)   The Court may rescind or vary an injunction granted under subsection   (1) or (3).

  (5)   The power of the Court to grant an injunction 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 that kind; 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 person if the first - mentioned person engages in conduct of that kind.

  (6)   The power of the Court to grant an injunction 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 person if the first - mentioned person refuses or fails to do that act or thing.

  (7)   If the Commission makes an application to the Court for the grant of an injunction under this section, the Court must not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.