Commonwealth Consolidated Acts

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AUSTRALIAN JOBS ACT 2013 - SECT 61

Certain limits on granting injunctions not to apply

Restraining injunctions

  (1)   The power of a prescribed court under this Division to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:

  (a)   if the court is satisfied that the person has engaged in conduct of that kind--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; or

  (b)   if it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind--whether or not the person has previously engaged in conduct of that kind.

Performance injunctions

  (2)   The power of a prescribed court under this Division 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.



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