Tasmanian Consolidated Acts

FAIR TRADING ACT 1990 - SECT 34

      (1) Where, on the application of the Minister, the Director, or any other person, the Supreme Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute –

(a) a contravention of a provision of this Act or a related Act; or

(b) attempting to contravene such a provision; or

(c) aiding, abetting, counselling, or procuring a person to contravene such a provision; or

(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f) conspiring with others to contravene such a provision –

      (2) Without prejudice to the generality of subsection (1), an injunction granted under that subsection may be, or include, an injunction restraining a person from carrying on a business of supplying goods or services (whether or not as part of, or incidental to, the carrying on of another business) –

(a) for a specified period; or

(b) except on specified terms and conditions.

      (3) Where an application for an injunction under subsection (1) has been made, the Supreme Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that a person has engaged, or is proposing to engage, in conduct of a kind specified in subsection (1).

      (4) Where, in the opinion of the Supreme Court, it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).

      (5) The Supreme Court may rescind or vary an injunction granted under subsection (1), (3) or (4).

      (6) Where the Minister or the Director makes an application to the Supreme Court for the grant of an injunction under this section, the Court shall not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.

      (7) Where –

(a) in a case to which subsection (6) does not apply, the Supreme Court would, but for this subsection, require a person to give an undertaking as to damages or costs; and

(b) the Minister gives the undertaking –