Victorian Consolidated Legislation

Major Sporting Events Act 2009 - SECT 45

Injunctions

45. Injunctions



(1) An authorised applicant may apply to the Supreme Court, County Court or
Magistrates' Court for the grant of an injunction restraining a person from
engaging in conduct that constitutes-

   (a)  a contravention of section 37, 38, 43 or 44; or

   (b)  attempting or conspiring to contravene section 37, 38, 43 or 44; or

   (c)  aiding, abetting, counselling or procuring a person to contravene
        section 37, 38, 43 or 44; or

   (d)  inducing or attempting to induce a person, whether by threats,
        promises or otherwise, to contravene section 37, 38, 43 or 44; or

   (e)  being in any way, directly or indirectly, knowingly concerned in, or
        party to, the contravention by a person of section 37, 38, 43 or 44.

(2) A court may grant an injunction restraining a person from engaging in
conduct of the kind referred to in paragraphs (a) to (e) of subsection (1)-

   (a)  if the court is satisfied, on the balance of probabilities, that the
        person is engaging in or has been engaging in conduct of that kind,
        whether or not it appears to the court that the person 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 person will engage in conduct of
        that kind, whether or not that person 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 first-mentioned person 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 person has engaged in,
        or is likely to engage in conduct of that kind.

(3) Pending determination of an application under this section, the court may
grant an interim injunction if, in the opinion of the court, it is desirable
to do so.

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