Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The Court may, on the application of the Minister, the Secretary of the Department, or the State Archivist, grant an injunction –
(a) requiring a person who has custody or possession of records that are sought by the State Archivist to refrain from dealing with those records except as authorized or directed by the Court; and
(b) if in the opinion of the Court it is desirable to do so, requiring that person to do any act or thing in relation to those records.
(2) Where an application is made to the Court 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)(a) pending determination of the application.
(3) The Court may at any time rescind or vary an injunction granted under subsection (1) or (2).
(4) Where an application under this section is made to the Court for the granting 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, 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 imminent danger of substantial damage being sustained if the person engages in conduct of that kind.
(5) Where an application is made under this section for an injunction, the Court shall not require the applicant, as a condition of granting an interim injunction, to give any undertaking as to damages.