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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3YB Injunctions to do an act or thing

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.3YB

Injunctions to do an act or thing

    (1)     The County Court or the Magistrates' Court, on the application of the Authority, may grant an injunction requiring an RTO to do any act or thing specified by the Court if the Court is satisfied that the RTO is engaging in or has been engaging in conduct that constitutes—

        (a)     a contravention of a relevant law; or

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

S. 5.8.3YB

(1)(c) substituted by No. 31/2018 s. 62.

        (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 power of the Court under this section to grant an injunction requiring an RTO to do an act or thing may be exercised—

        (a)     whether or not it appears to the Court that the RTO 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 RTO 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 RTO refuses or fails to do that act or thing.

    (3)     Without limiting subsection (1), an injunction under this section may require an RTO—

        (a)     to institute a training program for the RTO's employees in relation to compliance with the relevant law;

        (b)     to refund money to past, current or prospective students of the RTO;

        (c)     to provide a service or to make a service or facility available to past, current or prospective students of the RTO;

        (d)     to disclose information about the RTO's business activities or business associates;

        (e)     to honour any promise made in the course of misleading or deceptive conduct or in a false representation.

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

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