Western Australian Numbered Acts

MAJOR EVENTS (AERIAL ADVERTISING) ACT 2009 (NO. 20 OF 2009) - SECT 12

12 .         Injunctions to restrain conduct

        (1)         The Minister or an event organiser may apply to the Supreme Court for the grant of an injunction restraining a person from engaging in conduct that constitutes —

            (a)         a contravention of section 11; or

            (b)         attempting or conspiring to contravene section 11; or

            (c)         aiding, abetting, counselling or procuring a person to contravene section 11; or

            (d)         inducing or attempting to induce a person, whether by threats, promises or otherwise, to contravene section 11; or

            (e)         being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section 11.

        (2)         On an application under subsection (1), the Court may grant an injunction restraining a person from engaging in conduct of the kind mentioned in subsection (1)(a) to (e) —

            (a)         if the Court is satisfied that the person is engaging in, or has been engaging in, conduct of that kind, whether or not it appears to the Court that the person intends to engage in the conduct again or to continue to engage in the conduct; or

            (b)         if it appears to the Court that, in the event that the injunction is not granted, it is likely that the person will engage in conduct of that kind, whether or not that 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; or

            (c)         if the Court considers it to be appropriate, by consent of all the parties to the proceeding, whether or not the person has engaged in, or is likely to engage in, conduct of that kind.

        (3)         Pending the determination of an application under this section, the Court may grant an interim injunction if, in the opinion of the Court, it is desirable to do so —

            (a)         whether or not it appears to the Court that the person intends to engage in or continue to engage in conduct of the kind mentioned in subsection (1)(a) to (e); or

            (b)         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.