39. (1) Subject to subsection (2), the Circuit Court may, on the application of the Commission, grant an injunction to prevent discrimination, contravention, failure or violation referred to in section 36(1) by a person specified in the order of the court concerned of a type so specified.

(2) Subsection (1) applies to a case where, in the period of 5 years beginning on the date on which a notice came into operation, the Commission satisfies the Circuit Court that there is a likelihood of a further discrimination, contravention, failure or violation referred to in section 36(1) by the person on whom the notice was served.

(3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the person on whom the notice was served ordinarily resides or carries on any profession, business or occupation.