Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 48

48. Section 80 of the Principal Act is amended-

   (a)  by omitting paragraph (c) of sub-section (1) and substituting the
        following paragraph:-

''(c) subject to sub-section (1A)-any other person,'';

   (b)  by inserting after sub-section (1) the following sub-section:-

''(1A) A person other than the Minister or the Commission is not entitled to
make an application under sub-section (1) for an injunction by reason that a
person has contravened or attempted to contravene or is proposing to
contravene, or has been or is proposing to be involved in a contravention of,
section 50.''; and

   (c)  by adding at the end thereof the following sub-sections:-

''(4) Where an application is made to the Court for the grant of an injunction
restraining a person from engaging in conduct of a particular kind, being
conduct referred to in sub-section (1), the Court may-

   (a)  if it is satisfied that the person has engaged in conduct of that
        kind-grant an injunction under sub-section (1) restraining the person
        from engaging in conduct of that kind; or

   (b)  if in the opinion of the Court it is desirable to do so-grant an
        interim injunction under sub-section (2) restraining the person from
        engaging in conduct of that kind,

whether or not it appears to the Court that the person intends to engage
again, or to continue to engage, in conduct of that kind.

''(5) Where an application is made to the Court for the grant of an injunction
restraining a person from engaging in conduct of a particular kind, being
conduct referred to in sub-section (1), the Court may-

   (a)  if it appears to the Court that, in the event that an injunction is
        not granted, it is likely that the person will engage in conduct of
        that kind-grant an injunction under sub-section (1) restraining the
        person from engaging in conduct of that kind; or

   (b)  if in the opinion of the Court it is desirable to do so-grant an
        interim injunction under sub-section (2) restraining the person from
        engaging in conduct of that kind,

whether or not the 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.

''(6) Where the Minister or the Commission makes an application to the Court
for the grant of an injunction under this section, the Court shall not require
the applicant or any other person, as a condition of granting an interim
injunction, to give any undertakings as to damages.

''(7) Where-

   (a)  in a case to which sub-section (6) does not apply the Court would, but
        for this sub-section, require a person to give an undertaking as to
        damages or costs; and

   (b)  the Minister gives the undertaking,

the Court shall accept the undertaking by the Minister and shall not require a
further undertaking from any other person.''.