(1) This section applies if a person (the
"subject person" ) has engaged, is engaging or is proposing to engage in
conduct that constituted, constitutes or would constitute—
(a) an offence
against a relevant law; or
(b) attempting to contravene a relevant law; or
(c) aiding, abetting, counselling or procuring a person to contravene a
relevant law; or
(d) inducing or attempting to induce, whether by threats,
promises or otherwise, a person to contravene a relevant law; or
(e) being in
any way, directly or indirectly, knowingly concerned in, or party to, an
offence against a relevant law by a person; or
(f) conspiring with others to
contravene a relevant law.
(2) On application by the commissioner or the
relevant regulatory authority for the subject person, the Supreme Court may
grant an injunction, on terms the court considers appropriate—
(a)
restraining the subject person from engaging in the conduct; and
(b) if the
court considers it desirable to do so—requiring the subject person to do any
act or thing.
(3) If an application under subsection (2) has been made, the
Supreme Court may, if the court decides it to be appropriate, grant an
injunction by consent of all the parties to the proceeding, whether or not the
court is satisfied that subsection applies.
(4) If the Supreme Court
considers it desirable to do so, the court may grant an interim injunction
pending its decision of an application under subsection (2) .
(5) The
Supreme Court may discharge or vary an injunction granted under subsection (2)
or (4) .
(6) The Supreme Court’s power to grant an injunction restraining
the subject person from engaging in conduct may be exercised whether or not—
(a) it appears to the court that the subject person intends to engage again,
or to continue to engage, in conduct of that kind; or
(b) the subject person
has previously refused or failed to do that act or thing; or
(c) there is an
imminent danger of substantial damage to anyone if the subject person refuses
or fails to do that act or thing.
(7) The Supreme Court must not require the
commissioner or another person, as a condition of granting an interim
injunction, to give an undertaking as to damages.
(8) For applying this
section in relation to an offence against the
Personal Injuries Proceedings Act 2002, section 71(1) or (2) or 71B , a
reference to the Supreme Court includes a reference to a court of another
State vested with jurisdiction under—
