Document ID: chunk:federal_register_of_legislation:C2025C00154:section:163:p2
Version: federal_register_of_legislation:C2025C00154
Segment Type: section
Provision Reference: s 163 (pt 2/2)
Character Range: 195618–197626

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 there is an imminent danger of substantial damage to any person if the first‑mentioned person engages in conduct of that kind.

Performance injunctions
 (8) The power of the Court to grant an injunction requiring a person to do an act or 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 act or thing; and
 (b) whether or not the person has previously refused or failed to do that act or thing; and
 (c) whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person refuses or fails to do that act or thing.

Damages undertakings
 (9) If the Regulator applies to the Court for the grant of an injunction under this section, the Court must not require the applicant or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages.

Section 161 orders
 (10) In proceedings under this section against a person, the Court may make an order under section 161 in respect of the person.

Damages orders
 (11) If the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.

Definition
 (12) In this section:
do an act or thing includes:
 (a) give effect to a determination made under the AFCA scheme (within the meaning of the Corporations Act 2001); or
 (b) reconsider a matter in accordance with a determination made under that scheme.