Queensland Consolidated Acts

ELECTRICITY ACT 1994 - SECT 120Z

(1) The Supreme Court may, on the application of QCA, grant an injunction if satisfied an electricity entity has engaged or is proposing to engage, in conduct that constitutes, or would constitute any of the following—

(a) a contravention of an industry code;

(b) attempting to contravene an industry code;

(c) aiding, abetting, counselling or procuring an electricity entity to contravene an industry code;

(d) inducing, or attempting to induce, whether by threats, promises or otherwise, an electricity entity to contravene an industry code;

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by an electricity entity of an industry code;

(f) conspiring with others to contravene an industry code.

(2) An injunction may be granted on conditions.

(3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied an electricity entity has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1).

(4) The court may grant an interim injunction pending its decision on the application.

(5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.

(6) The court may amend an injunction or interim injunction.

(7) An injunction or interim injunction restraining an electricity entity from engaging in conduct may be granted whether or not—

(a) it appears to the court that the entity intends to engage again, or to continue to engage, in conduct of that kind; and

(b) the entity has previously engaged in conduct of that kind; and

(c) there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind.

(8) An injunction or interim injunction requiring an electricity entity to do an act or thing may be granted whether or not—

(a) it appears to the court that the entity intends to fail again, or to continue to fail, to do that act or thing; and

(b) the entity has previously failed to do the act or thing; and

(c) there is an imminent danger of substantial damage to another person if the entity does not do the act or thing.