South Australian Consolidated Acts

ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 42

42—Injunctions

        (1)         If the District Court is satisfied, on the application of the Minister, the Commission or any other person, that a person has engaged or proposes to engage in conduct that constitutes or would constitute a contravention of this Act, the Court may grant an injunction in such terms as the Court determines to be appropriate.

        (2)         If the District Court is satisfied, on the application of the Minister or the Commission that a person has engaged in conduct constituting a contravention of this Act, the Court may grant an injunction requiring that person to take specified action to remedy any adverse consequence of that conduct.

        (3)         The action that may be required by an injunction to remedy adverse consequences of conduct constituting a contravention may include (without limitation)—

            (a)         the refunding of an amount wrongly paid as a result of the contravention; or

            (b)         the payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or

            (c)         the disclosure of information; or

            (d)         the publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention.

        (4)         An injunction may be granted by the District Court under this section—

            (a)         in proceedings in which the Court convicts a person of an offence to which the application relates; or

            (b)         in proceedings brought before the Court for the purpose of obtaining the injunction.

        (5)         The power of the District 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 other person if the person engages in conduct of that kind.

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

            (b)         whether or not the person has previously refused or failed to do that act or thing; and

            (c)         whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.

        (7)         An interim injunction may be granted under this section pending final determination of the application.

        (8)         A final injunction may, by consent of the parties, be granted under this section without proof that proper grounds for the injunction exist.

        (9)         Where the Minister or the Commission applies for an injunction under this section, no undertaking as to damages will be required.

        (10)         The Minister may give an undertaking as to damages or costs on behalf of some other applicant and, in that event, no further undertaking will be required.

        (11)         An injunction under this section may be rescinded or varied at any time.