FAIR TRADING ACT 2010 - SECT 100

FAIR TRADING ACT 2010 - SECT 100

100 .         Injunctions to prevent etc. other contraventions

        (1)         The Supreme Court or the District Court, on the application of the Commissioner, may grant an injunction in whatever terms the Court determines to be appropriate where the Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes, or would constitute, or is involved in, a contravention of —

            (a)         an interim ban or a permanent ban under the Australian Consumer Law (WA) Part 3-3 Division 2; or

            (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; or

            (c)         a provision of a prescribed code of practice in force under Part 4 in respect of which the Commissioner has applied to the State Administrative Tribunal under section 47; or

            (d)         a provision of an order of the State Administrative Tribunal under section 47.

        (2)         If the Court is satisfied, on the application of the Commissioner, that a person has engaged in conduct constituting, or is involved in, a contravention of a provision of this Act, 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, in the way and to the persons specified in the order, such information as is so specified, being information that the person has possession of or access to; or

            (b)         an order requiring the person or a person involved in the contravention to publish, at the person’s own expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order.