Australian Capital Territory Consolidated Acts

FAIR TRADING ACT 1992 - SECT 44

    (1)         Subject to subsections (3) and (4), if, on the application of the Minister, the commissioner or any other person, the Magistrates 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 part 2; 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;

the court may grant an injunction in the terms the court decides is appropriate.

    (2)         If an application for an injunction under subsection (1) has been made the Magistrates Court may, if the court decides it is appropriate, 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 Magistrates Court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).

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

    (5)         The power of the Magistrates 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 firstmentioned person engages in conduct of that kind.

    (6)         The power of the Magistrates 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 fail again, or to continue to fail, to do that act or thing; and

        (b)     whether or not the person has previously 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 firstmentioned person fails to do that act or thing.

    (7)         If the Minister or the commissioner makes an application to the Magistrates 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 about damages.

    (8)         If—

        (a)     in a case to which subsection (7) does not apply the Magistrates Court would, apart from this subsection, require a person to give an undertaking about damages or costs; and

        (b)     the Minister gives the undertaking;

the court must accept the undertaking by the Minister and must not require a further undertaking from any other person.