Document ID: chunk:federal_register_of_legislation:C2021C00406:section:13
Version: federal_register_of_legislation:C2021C00406
Segment Type: section
Provision Reference: s 13
Character Range: 14656–16516

13  Certain limits on granting injunctions not to apply

Restraining injunctions
 (1) The power of a court under this Part to grant an injunction restraining:
 (a) a relevant Commonwealth entity; or
 (b) an official of a relevant Commonwealth entity;
from engaging in conduct of a particular kind may be exercised:
 (c) if the court is satisfied that the entity or official has engaged in conduct of that kind—whether or not it appears to the court that the entity or official intends to engage again, or to continue to engage, in conduct of that kind; or
 (d) if it appears to the court that, if an injunction is not granted, it is likely that the entity or official will engage in conduct of that kind:
 (i) whether or not the entity or official has previously engaged in conduct of that kind; and
 (ii) whether or not there is an imminent danger of substantial damage to any person if the entity or official engages in conduct of that kind.

Performance injunctions
 (2) The power of a court under this Part to grant an injunction requiring:
 (a) a relevant Commonwealth entity; or
 (b) an official of a relevant Commonwealth entity;
to do an act or thing may be exercised:
 (c) if the court is satisfied that the entity or official has refused or failed to do that act or thing—whether or not it appears to the court that the entity or official intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
 (d) if it appears to the court that, if an injunction is not granted, it is likely that the entity or official will refuse or fail to do that act or thing:
 (i) whether or not the entity or official has previously refused or failed to do that act or thing; and
 (ii) whether or not there is an imminent danger of substantial damage to any person if the entity or official refuses or fails to do that act or thing.