Section 41 — Fair Trading Act 1986: Injunctions may be granted by Court for contravention of Part 1 , Part 2 , Part 3 , and Part 4

41 Injunctions may be granted by Court for contravention of Part 1 , Part 2 , Part 3 , and Part 4 (1) The Court may, on the application of the Commission or any other person, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute any of the following— (a) A contravention of any of the provisions of Parts 1 to 4 of this Act: (b) Any attempt to contravene such a provision: (c) Aiding, abetting, counselling, or procuring any other person to contravene such a provision: (d) Inducing, or attempting to induce, any other person, whether by threats, promises or otherwise, to contravene such a provision: (e) Being in any way directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of such a provision: (f) Conspiring with any other person to contravene such a provision. (2) The Court may at any time rescind or vary an injunction granted under this section. (3) Where an application is made to the Court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind the Court may,— (a) If it is satisfied that the person has engaged in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or (b) If in the opinion of the Court it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,— 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. (4) Where an application is made to the Court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the Court may,— (a) If it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind, grant an injunction restraining the person from engaging in conduct of that kind; or (b) If in the opinion of the Court it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,— 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. (5) If the Commission applies to the Court for the grant of an interim injunction, the Court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages. (6) However, in determining the Commission's application for the grant of an interim injunction, the Court must not take into account that the Commission is not required to give an undertaking as to damages. Compare: Trade Practices Act 1974 (Aust),

s 80(1)-(5) Subsections (5) and (6) were inserted, as from 8 July 2003, by section 10 Fair Trading Amendment Act 2003 (2003 No 31). See section 16 of that Act as to proceedings already barred and pending proceedings.