South Australian Consolidated Acts South Australian Consolidated Acts (1) If the District
Court is satisfied, on the application of the Minister, the Commission, the
Technical Regulator or any other person, that a person has engaged or proposes
to engage in conduct that constitutes or would constitute a contravention of
this Act, the Court may grant an injunction in such terms as the Court
determines to be appropriate.
(2) If the District
Court is satisfied, on the application of the Minister, the Commission, or the
Technical Regulator, that a person has engaged in conduct constituting a
contravention of this Act, the Court may grant an injunction requiring that
person to take specified action to remedy any adverse consequence of that
conduct.
(3) The action that
may be required by an injunction to remedy adverse consequences of conduct
constituting a contravention may include (without limitation)—
(a) the
refunding of an amount wrongly paid as a result of the contravention; or
(b) the
payment of compensation to a person who has suffered loss, damage or injury as
a result of the contravention; or
(c) the
disclosure of information; or
(d) the
publication of advertisements relating to the contravention or relating to
action to rectify or remedy the contravention.
(4) An injunction may
be granted by the District Court under this section—
(a) in
proceedings in which the Court convicts a person of an offence to which the
application relates; or
(b) in
proceedings brought before the Court for the purpose of obtaining the
injunction.
(5) The power of the
District Court to grant an injunction restraining a person from engaging in
conduct may be exercised—
(a)
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; and
(b)
whether or not the person has previously engaged in conduct of that kind; and
(c)
whether or not there is an imminent danger of substantial damage to any other
person if the person engages in conduct of that kind.
(6) The power of the
District Court to grant an injunction requiring a person to do an act or thing
may be exercised—
(a)
whether or not it appears to the Court that the person intends to refuse or
fail again, or to continue to refuse or fail, to do that act or thing; and
(b)
whether or not the person has previously refused or failed to do that act or
thing; and
(c)
whether or not there is an imminent danger of substantial damage to any other
person if the person refuses or fails to do that act or thing.
(7) An interim
injunction may be granted under this section pending final determination of
the application.
(8) A final injunction
may, by consent of the parties, be granted under this section without proof
that proper grounds for the injunction exist.
(9) Where the
Minister, the Commission or the Technical Regulator applies for an injunction
under this section, no undertaking as to damages will be required.
(10) The Minister may
give an undertaking as to damages or costs on behalf of some other applicant
and, in that event, no further undertaking will be required.
(11) An injunction
under this section may be rescinded or varied at any time.