Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) This section applies to conduct that constituted, constitutes or would constitute –
(a) a contravention of this Act; or
(b) attempting to contravene this Act; or
(c) aiding, abetting, counselling or procuring a person to contravene this Act; or
(d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or
(f) conspiring with others to contravene this Act.
(2) On the application of –
the Supreme Court, if satisfied that conduct is conduct to which this section applies, may grant an injunction on such terms as the Supreme Court thinks appropriate, restraining that other person from engaging in the conduct and, if in the opinion of the Supreme Court it is desirable to do so, requiring that other person to do any act or thing.(a) the Commissioner; or
(b) a person whose interests have been, are or would be affected by conduct that another person has engaged, is engaging or is proposing to engage in –
(3) If in the opinion of the Supreme Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.
(4) The Supreme Court may discharge or vary an injunction granted under this section.
(5) The power of the Supreme 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 person if the first-mentioned person engages in conduct of that kind.
(6) The power of the Supreme 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 person if the first-mentioned person refuses or fails to do that act or thing.
(7) If the Supreme Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.