Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3YC

    (1)     The County Court or the Magistrates' Court may grant an interim injunction pending determination of an application under section 5.8.3YA, if, in the opinion of the Court it is desirable to do so—

        (a)     whether or not it appears to the Court that the RTO intends to engage in or continue to engage in conduct of the kind referred to in paragraphs (a) to (e) of section 5.8.3YA(1); or

        (b)     whether or not the RTO has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the RTO engages in conduct of that kind.

    (2)     The County Court or the Magistrates' Court may grant an interim injunction pending determination of an application under section 5.8.3YB in relation to an act or thing, if, in the opinion of the Court it is desirable to do so—

        (a)     whether or not it appears to the Court that the RTO 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 RTO 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 RTO refuses or fails to do that act or thing.

    (3)     An application for an injunction under this section may be made ex parte .

S. 5.8.3YD inserted by No. 39/2012 s. 36.