Victorian Numbered Acts Victorian Numbered ActsAfter Division 3A of Part 8 of the Liquor Control Reform Act 1998 insert —
(1) The Commission may apply to the Supreme Court, County Court or Magistrates' Court for the grant of an injunction restraining a person from engaging in conduct that constitutes—
(a) a contravention of any provision of this Act; or
(b) attempting or conspiring to contravene such a provision; or
(c) aiding, abetting, counselling or procuring a person to contravene such a provision; or
(d) inducing or attempting to induce a person, whether by threats, promises or otherwise, 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.
(2) The Court may grant an injunction restraining a person from engaging in conduct of the kind referred to in paragraphs (a) to (e) of subsection (1)—
(a) if the Court is satisfied that the person is engaging in or has been engaging in conduct of that kind, whether or not it appears to the Court that the person intends to engage again or continue to engage in the conduct; or
(b) if it appears to the Court that, in the event that the injunction is not granted, it is likely that the person will engage in conduct of that kind, whether or not that 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; or
(c) if the Court determines it to be appropriate, by consent of all the parties to the proceedings, whether or not the person has engaged in, or is likely to engage in conduct of that kind.
(3) An application for an injunction under this section may be made ex parte .
(1) The Supreme Court, County Court or Magistrates' Court, on the application of the Commission, may grant an injunction requiring a person to do any act or thing if the Court is satisfied that the person is engaging in or has been engaging in conduct that constitutes—
(a) a contravention of any provision of this Act; or
(b) attempting or conspiring to contravene such a provision; or
(c) aiding, abetting, counselling or procuring a person to contravene such a provision; or
(d) inducing or attempting to induce a person, whether by threats, promises or otherwise, 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.
(2) The power of the Court under this section to
grant an injunction requiring a person to do an act or thing may be
exercised—
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(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 person if the first person refuses or fails to do that act or thing.
(3) Without limiting subsection (1), an injunction under this section may require a person—
(a) to institute a training program for the person's employees in relation to compliance with this Act;
(b) to disclose information about the person's business activities or associates;
(c) to destroy or dispose of goods used for the purpose of a contravention of this Act;
(d) to pay money into a fund established to minimise, or promote the minimisation of, harm arising from the misuse or abuse of alcohol;
(e) to publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the injunction.
(4) An application for an injunction under this section may be made ex parte .
(1) The Supreme Court, County Court or Magistrates' Court may grant an interim injunction pending determination of an application under section 133H, if, in the opinion of the Court it is desirable to do so—
(a) whether or not it appears to the Court that the person intends to engage in or continue to engage in conduct of the kind referred to in paragraphs (a) to (e) of section 133H(1); or
(b) 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.
(2) The Court may grant an interim injunction pending determination of an application under section 133I in relation to an act or thing, if, in the opinion of the Court it is desirable to do so—
(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 person if the first person refuses or fails to do that act or thing.
(3) An application for an injunction under this section may be made ex parte .
The Supreme Court, County Court or Magistrates' Court may rescind or vary an injunction granted by it under section 133H or 133I or an interim injunction granted by it under section 133J.
In an application for an injunction under section 133H or 133I or if the application has been made by the Commission and if the Court has determined to grant an interim injunction, the Court must not, as a condition of granting the interim injunction, require the applicant or any other person to give any undertaking as to damages or costs.".