New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 79

79 Other injunctions

(1) The Supreme Court may grant an injunction in such terms as the Court determines to be appropriate if satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes, or would constitute:

(a) a contravention of:

(i) section 20 (3), 22 or 23 of this Act, or

(ii) a provision of the Fitness Services (Pre-paid Fees) Act 2000 , or

(iii) a provision of any other legislation administered by the Minister or of an order made under any such legislation, 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 or 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 Supreme Court may grant an injunction under this section only on the application of the Director-General made with the consent of the Minister.

(3) An injunction may be granted under this section as an interim injunction without an undertaking being required as to damages or costs or may be granted as a permanent injunction.