Commonwealth Consolidated Acts

NATIONAL BROADBAND NETWORK COMPANIES ACT 2011 - SECT 91

Restraining injunctions

  (1)   The power of the Federal Court under this Part 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 the Federal Court 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.