Document ID: chunk:federal_register_of_legislation:C2024C00557:section:142
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 142
Character Range: 401776–403070

142  Certain considerations for granting injunctions not relevant

Prohibitory injunctions
 (1) A Court may grant an injunction under section 140 restraining a person from engaging in conduct:
 (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 there is a significant risk of:
 (i) injury or damage to human beings; or
 (ii) damage to property; or
 (iii) harm to, or loss of, water resources;
  if the person engages, or continues to engage, in conduct of that kind.

Mandatory injunctions
 (2) A Court may grant an injunction under section 140 requiring a person to do a particular act or thing:
 (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 the act or thing; and
 (b) whether or not the person has previously refused or failed to do the act or thing; and
 (c) whether or not there is a significant risk of:
 (i) injury or damage to human beings; or
 (ii) damage to property; or
 (iii) harm to, or loss of, water resources;
  if the person refuses or fails, or continues to refuse or fail, to do the act or thing.