Gas Governance (Compliance) Amendment Regulations 2008 (SR 2008/427)

Regulation by clause

9 New regulation 39A inserted
  • The following regulation is inserted after regulation 39:

    39A Interim injunctions in respect of actions in breach of Gas Governance (Critical Contingency Management) Regulations 2008
    • (1) The industry body may apply to the High Court for the grant of an interim injunction—

      • (a) restraining a participant from doing, or omitting to do, anything that is in breach of the Gas Governance (Critical Contingency Management) Regulations 2008; or

      • (b) requiring a participant to do, or omit to do, something in accordance with the Gas Governance (Critical Contingency Management) Regulations 2008.

      (2) The court may grant the injunction if, in the opinion of the court, it is desirable to do so.

      (3) Subclause (2) applies, in the case of an injunction under subclause (1)(a),—

      • (a) whether or not the participant has done, or omitted to do, that thing; and

      • (b) whether or not there is an imminent danger of substantial damage to any person if the participant does, or omits to do, that thing.

      (4) The court may rescind or vary the injunction on application by the industry body or any participant affected by the injunction.