Competition and Consumer Act. Australia

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      (c) aiding, abetting, counselling or procuring a person to contravene such a provision; or

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

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

      (f) conspiring with others to contravene such a provision;

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

      Note: Section 87AA provides that, if boycott conduct is involved in proceedings, the Court must have regard to certain matters in exercising its powers under this Part. (Boycott conduct is defined in subsection 87AA(2).)

      (1AA) Where an application for an injunction under subsection (1) has been made, whether before or after the commencement of this subsection, the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that a person has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (1).

      (1A) A person other than the Commission is not entitled to make an application under subsection (1) for an injunction by reason that a person has contravened or attempted to contravene or is proposing to contravene, or has been or is proposing to be involved in a contravention of, section 50.

      (1AAA) Subject to subsection (1B), a person other than the Minister or the Commission may not apply for an injunction on the ground of:

      (a) a person’s actual, attempted or proposed contravention of section 50A; or

      (b) a person’s actual or proposed involvement in a contravention of section 50A.

      (1B) Where the Tribunal has, on the application of a person (in this subsection referred to as the applicant) other than the Minister or the Commission, made a declaration under subsection 50A(1) in relation to the acquisition by a person of a controlling interest in a corporation, the applicant is entitled to make an application under subsection (1) for an injunction by reason that the corporation has contravened or attempted to contravene or is proposing to contravene subsection 50A(6) in relation to that declaration.

      (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 an injunction granted under subsection (1) or (2).

      (4) 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;

      (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 person if the first-mentioned person engages in conduct of that kind.

      (5) 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;

      (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 person if the first-mentioned person refuses or fails to do that act or thing.

      (6) Where the Minister or the Commission makes an application to the Court for the grant of an injunction under this section, the Court shall not require the applicant or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.

      (6A) Subsection (6) does not apply to an application by the Minister for an injunction relating to Part IV.

      (7) Where:

      (a) in a case to which subsection (6) does not apply the Court would, but for this subsection, require a person to give an undertaking as to damages or costs; and

      (b) the Minister gives the undertaking;

      the Court shall accept the undertaking by the Minister and shall not require a further undertaking from any other person.

      (8) Subsection (7) does not apply in relation to an application for an injunction relating to Part IV.

      (9) If the Director of Public Prosecutions makes an application to the Court for the grant of an injunction under this section in relation to:

      (a) a person’s contravention, or proposed contravention, of section 44ZZRF or 44ZZRG; or

      (b) a person’s involvement, or proposed involvement, in a contravention of section 44ZZRF or 44ZZRG;

      the Court must not require the Director of Public Prosecutions or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.

      80AB Stay of injunctions

      (1) The Court may stay the operation of an injunction granted under section 80 if:

      (a) the injunction is in respect of conduct that constitutes or would constitute a contravention of subsection 45D(1), 45DA(1), 45DB(1), 45E(2) or 45E(3) or section 45EA or an associated contravention; and

      (b) there is a proceeding in respect of a dispute relating to the conduct pending before a court, tribunal or authority of a State or Territory under a prescribed provision of a law of the State or Territory; and

      (c) the conduct relates to the supply of goods or services to, or the acquisition of goods or services from, a person who is or becomes a party to the proceeding referred to in paragraph (b); and

      (d) any of the following has applied for the stay:

      (i) a Minister of the Commonwealth;

      (ii) if subparagraph (b)(ii) applies — a Minister of the State or Territory concerned;

      (iii) a party to the proceeding for the injunction; and

      (e) the Court considers that granting the stay:

      (i) would be likely to facilitate the settlement of the dispute by conciliation; and

      (ii) would, in all the circumstances, be just.

      (2) An order staying the operation of the injunction may be expressed to have effect for a specified period and may be varied or rescinded by the Court at any time.

      (3) If the proceeding referred to in paragraph (1)(b) is terminated because the State or Territory court, tribunal or authority has settled the dispute to which the conduct relates by conciliation, the Court must not make any order in relation to the costs of the proceedings in respect of the granting of the injunction or in relation to the costs of any proceedings for the rescission of the injunction.

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