Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Supreme Court
or the District Court, on the application of the Commissioner, where the Court
is satisfied that a person has engaged, or is proposing to engage, in conduct
that constitutes, or would constitute, or is involve in, a contravention
of —
(a) a
provision of a banning order;
(b) a
provision of any other legislation administered by the Minister or of an order
made under any such legislation, being a provision relevant to the alleged
contravention;
(c) a
provision of a code of practice in force under Part IV in respect of
which the Commissioner has requested the person to give an undertaking under
section 44 or has applied to the State Administrative Tribunal under
section 46; or
(d) a
provision of an order of the State Administrative Tribunal under
section 46,
may grant an
injunction in such terms as the Court determines to be appropriate.
(2) If the Court is
satisfied, on the application of the Minister or the Commissioner, that a
person has engaged in conduct constituting, or is involved in, a contravention
of a provision of this Act, other than section 11 or 11A, the Court may
grant an injunction requiring that person to take specified action to remedy
any adverse consequence of that conduct, including —
(a) an
order requiring that person or a person involved in the contravention to
disclose to the public, to a particular person or to persons included in a
particular class of persons, in such manner as is specified in the order, such
information, or information of such a kind, as is so specified, being
information that is in the possession of the person to whom the order is
directed or to which that last-mentioned person has access; or
(b) an
order requiring the person or a person involved in the contravention to
publish, at the person’s own expense, in a manner and at times specified
in the order, advertisements the terms of which are specified in, or are to be
determined in accordance with, the order.
[Section 75 amended by No. 55 of 2004 s. 339;
No. 28 of 2006 s. 99; No. 47 of 2006 s. 29.]