National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-2 - POWER OF THE COURT TO GRANT REMEDIES  

Division 2 - Power of the court to grant remedies  

SECTION 177   INJUNCTIONS  

177(1)   [ Circumstances in which court may grant injunction]  

If, on the application of ASIC or any other person, the court is satisfied that a person has engaged or is proposing to engage in conduct that constitutes or would constitute:

(a) a contravention of this Act; or

(b) attempting to contravene this Act; or

(c) aiding, abetting, counselling or procuring a person to contravene this Act; or

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

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or

(f) conspiring with others to contravene this Act;

the court may grant an injunction on such terms as the court considers appropriate.

177(2)   [ Injunction by consent]  

If an application for an injunction under subsection (1) has been made, the court may, if the court considers it appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the court is satisfied that the person has engaged, or is proposing to engage, in conduct of a kind referred to in subsection (1).

177(3)   [ Interim injunction]  

The court may, if the court considers it appropriate, grant an interim injunction pending determination of an application under subsection (1).

177(4)   [ Court may revoke or vary]  

The court may revoke or vary an injunction granted under subsection (1) or (3).

177(5)   [ Exercise of power restraining conduct]  

The power of the 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 another person if the person engages in conduct of that kind.

177(6)   [ Exercise of power to require an act or thing done]  

The power of the 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 another person if the person refuses or fails to do that act or thing.

177(7)   [ ASIC not required to give undertaking as to damages]  

If ASIC applies to the court for the grant of an injunction under this section, the court must not require ASIC or another person, as a condition of granting an interim injunction, to give an undertaking as to damages.

177(8)   [ Damages]  

If the court has power under this section to grant an injunction against a person, the court may, either in addition to or in substitution for the grant of the injunction, order the person to pay damages to another person.