New South Wales Repealed Acts

This legislation has been repealed.

WORLD YOUTH DAY ACT 2006 - SECT 57A

57A Civil proceedings to restrain breaches of this Act and certain agreements

(1) The Authority may bring proceedings in the Supreme Court for an order to remedy or restrain the following breaches, whether or not any right of the Authority has been or may be infringed by or as a consequence of that breach:

(a) a breach of this Act,

(b) a breach of a WYD event agreement (as referred to in section 44A (2)),

(c) a breach of any other agreement between the AJC and the State of New South Wales or the Authority, in connection with the use of Randwick Racecourse for the purpose of one or more World Youth Day events, as may be specified in the regulations.

(2) If the Court is satisfied that a breach referred to in subsection (1) has been committed or that such a breach may, unless restrained by order of the Court, be committed, it may make such order as it thinks fit to remedy or restrain the breach.

(3) Without limiting the powers of the Court under subsection (2), an order made under that subsection may:

(a) where the breach relates to a use of any building, work or land--restrain that use, and

(b) where the breach involves the conduct of horse training or racing--restrain that conduct, and

(c) where the breach is a breach of:

(i) an agreement, or

(ii) a direction under Part 9A, or

(iii) a condition imposed on an authorisation made under section 44E (3) (c),

specify actions that must be taken or actions that must cease or be refrained from.

(4) The functions of the Court under this section are in addition to and not in derogation from any other functions of the Court.

(5) Nothing in this section limits or otherwise affects other remedies that the Authority may have (apart from this section) in relation to a breach of an agreement.

(6) In this section:

(a) a reference to a "breach of an agreement" is a reference to:

(i) a contravention of or failure to comply with the agreement, and

(ii) a threatened or an apprehended contravention of or a threatened or apprehended failure to comply with the agreement, and

(b) a reference to a "breach of this Act" is a reference to:

(i) a contravention of or failure to comply with this Act, and

(ii) a threatened or an apprehended contravention of or a threatened or apprehended failure to comply with this Act, and

(c) a reference to "this Act" includes a reference to the following:

(i) the regulations,

(ii) a direction under section 44C,

(iii) a condition imposed on an authorisation made under section 44E (3) (c).