Document ID: chunk:federal_register_of_legislation:C2024C00742:section:445:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 445 (pt 2/2)
Character Range: 1023229–1024301

not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
 (8) The power of the court under this section to grant an injunction requiring a person to do an act or thing may be exercised:
 (a) if the court is satisfied that the person has refused or failed to do that act or thing—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; or
 (b) if it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.
 (9) An application under this section must be made within 3 years after the damage was caused or the loss was suffered, as the case requires.