Commonwealth Numbered Acts

SECURITIES INDUSTRY ACT 1980 No. 66, 1980 - SECT 149

149. (1) Where a person has engaged, is engaging or is proposing to engage in
any conduct that constitutes or would constitute an offence against this Act,
the Court may, on the application of-

   (a)  the Commission; or

   (b)  any person whose interests have been, are or would be affected by the
        conduct, grant an injunction restraining the person from engaging in
        the conduct.

(2) Where an application is made to the Court for an injunction under
sub-section (1), the Court may, if in the opinion of the Court it is desirable
to do so, before considering the application, grant an interim injunction
restraining a person from engaging in conduct of the kind referred to in
sub-section (1) pending the determination of the application.

(3) The Court may rescind or vary an injunction granted under sub- section (1)
or (2).

(4) Where an application is made to the Court for the grant of an injunction
restraining a person from engaging in conduct of a particular kind, the power
of the Court to grant the injunction may be exercised-

   (a)  if the Court is satisfied that the person has engaged in conduct of
        that kind-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)  if it appears to the Court that, in the event that an injunction is
        not granted, it is likely that the person will engage in conduct of
        that kind-whether or not the person 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 first-mentioned person engages
        in conduct of that kind.

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

(6) References in this section to engaging in conduct include references to
doing, or refusing or failing to do, any act or thing.