EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3YA Injunctions to restrain conduct

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3YA

    (1)     The Authority may apply to the County Court or the Magistrates' Court for the grant of an injunction restraining an RTO from engaging in conduct that constitutes—

        (a)     a contravention of a relevant law; or

        (b)     attempting or conspiring to contravene a relevant law; or

S. 5.8.3YA

(1)(c) substituted by No. 31/2018 s. 61.

        (c)     intentionally assisting, encouraging or directing the contravention of a relevant law; or

        (d)     inducing or attempting to induce another RTO, whether by threats, promises or otherwise, to contravene a relevant law; or

        (e)     being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by an RTO of a relevant law.

    (2)     The Court may grant an injunction restraining an RTO from engaging in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1)—

        (a)     if the Court is satisfied that the RTO is engaging in or has been engaging in conduct of that kind, whether or not it appears to the Court that the RTO intends to engage again or continue to engage in the conduct; or

        (b)     if it appears to the Court that, in the event that the injunction is not granted, it is likely that the RTO will engage in conduct of that kind, whether or not the RTO has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the RTO engages in conduct of that kind; or

        (c)     if the Court determines it to be appropriate, by consent of all the parties to the proceedings, whether or not the RTO has engaged in, or is likely to engage in conduct of that kind.

    (3)     An application for an injunction under this section may be made ex parte .

S. 5.8.3YB inserted by No. 39/2012 s. 36.