Victorian Consolidated Legislation

Public Administration Act 2004 - SECT 86

Injunctions

86. Injunctions



(1) The Minister responsible for a public entity may apply to the Magistrates'
Court for the grant of an injunction restraining the entity or a director of
the entity from engaging in conduct that-

   (a)  would constitute a contravention of this Act or the Act or subordinate
        instrument or other document under which the entity is established; or

   (b)  would otherwise be contrary to law.

(2) The Magistrates' Court may grant an injunction or, pending the
determination of an application under subsection (1), may grant an interim
injunction, restraining a public entity or a director of a public entity from
engaging in conduct of the kind referred to in subsection (1) if the Court
considers that it is just and equitable to do so.

(3) The Magistrates' Court does not have power under this section to grant an
injunction or an interim injunction in relation to conduct that a public
entity or a director of a public entity acting in a quasi-judicial capacity in
relation to a particular matter is entitled to engage in under the Act or
subordinate instrument or other document under which the entity is
established.