New South Wales Consolidated Acts

HUMAN TISSUE ACT 1983 - SECT 21C

21C Injunctions

(1) If, on the application of the Director-General, the Supreme Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute one or more of the following:

(a) a contravention of section 21,

(b) attempting to contravene section 21,

(c) aiding, abetting, counselling or procuring a person to contravene section 21,

(d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene section 21,

(e) being, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 21,

(f) conspiring with others to contravene section 21,

the Court may grant an injunction in such terms as the Court determines to be appropriate.

(2) If an application is made to the Supreme Court for an injunction under subsection (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 subsection (1) pending the determination of the application.

(3) The Supreme Court may rescind or vary an injunction granted under subsection (1) or (2).

(4) If an application is made to the Supreme 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) where 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 that conduct, or

(b) where it appears to the Court that, in the event of the injunction not being 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.

(5) The Director-General is not to be required to give any undertaking as to damages or costs in respect of an application under this section.