Document ID: chunk:federal_register_of_legislation:C2014C00508:clause:3_69emb
Version: federal_register_of_legislation:C2014C00508
Segment Type: clause
Provision Reference: sch 3 cl 69EMB
Character Range: 244731–245994

69EMB  Certain limits on granting injunctions not to apply

Restraining injunctions
 (1) The power of a court under this Division 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; and
 (b) whether or not the person has previously engaged in conduct of that kind; and
 (c) whether or not the conduct involves a serious and immediate risk of:
 (i) an effect that is harmful to human beings; or
 (ii) an unintended effect that is harmful to animals, plants or things, or to the environment.

Performance injunctions
 (2) The power of a court under this Division to grant an injunction requiring a person to do a 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 thing; and
 (b) whether or not the person has previously refused or failed to do that thing; and
 (c) whether or not the conduct involves a serious and immediate risk of:
 (i) an effect that is harmful to human beings; or
 (ii) an unintended effect that is harmful to animals, plants or things, or to the environment.