Victorian Current Acts

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 201

    (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

        (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 the Director or any other 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 that subsection restraining a person from carrying
on a business or supplying goods or services (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;

        (b)     refund money;

        (c)     transfer property;

        (d)     disclose information about the person's business activities or business associates;

        (e)     honour a promise;

        (f)     destroy or dispose of goods.

    (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. 202 substituted by No. 23/2016 s. 14.