Commonwealth Consolidated Acts

AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION ACT 2012 - SECT 95.30

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 there is an imminent danger of substantial damage to any other entity if the person engages in conduct of that kind.

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 there is an imminent danger of substantial damage to any other entity if the person refuses or fails to do that thing.