Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 344

344 Injunctions

(1) The commission may apply to the Supreme Court for an injunction on the ground that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

(a) a contravention of section 212 ; or

(b) attempting to contravene section 212 ; or

(c) aiding, abetting, counselling or procuring a person to contravene section 212 ; or

(d) being in any way, directly or indirectly, knowingly concerned in or a party to the contravention of section 212 ; or

(e) conspiring with others to contravene section 212 .

(2) If the court is satisfied that the ground is made out, the court may grant the injunction in the terms it considers appropriate.

(3) Subsection (2) has effect despite the provisions of the Industrial Relations Act 2016 .

(4) The court may grant an interim injunction until it decides the application.

(5) Before the court grants an injunction, it must be satisfied on the balance of probabilities that the person who gave evidence to or assisted the commission acted in good faith.

(6) The court may rescind or vary an injunction granted under subsection (2) or (4) .

(7) The court may grant an injunction restraining a person from engaging in conduct—

(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; or

(b) whether or not the person has previously engaged in conduct of that kind; or

(c) whether or not there is an imminent danger of substantial damage to someone else if the person engages in conduct of that kind.

(8) The court may grant an injunction requiring a person to do an act or thing—

(a) 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; or

(b) whether or not the person has previously failed to do the act or thing; or

(c) whether or not there is an imminent danger of substantial damage to someone else if the person fails to do the act or thing.

(9) If the commission applies for an injunction under this section, the court may not require the applicant or any other person, as a condition of granting an interim injunction, to give an undertaking about damages.

(10) An application under this section is to be heard in closed court.