Australian Capital Territory Numbered Acts

FAIR TRADING (PETROLEUM RETAIL MARKETING) (NO. 32 OF 1995) - SECT 9

9. (1) Where, on the application of the Minister or any other person, the Court is satisfied that—

        (a)     a franchisor or franchisee has engaged, or is proposing to engage, in conduct for the purpose of giving effect to a franchise agreement that is illegal by virtue of section 4;

        (b)     an assignor or assignee has engaged, or is proposing to engage, in conduct for the purpose of giving effect to an assignment agreement that is illegal by virtue of section 5; or

        (c)     a prescribed corporation has engaged, or is proposing to engage, in conduct that constitutes or would constitute a contravention of section 7 ;

the Court may grant an injunction in such terms as the Court determines to be appropriate.

(2) Where in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1).

(3) The Court may rescind or vary, or suspend the operation of, an injunction granted under subsection (1) or (2).

(4) The power of the Court to grant an injunction under this section 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 continue to engage, in conduct of that kind;

        (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.