Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-2 - ENFORCEMENT POWERS  

Division 95 - Injunctions  

SECTION 95-30   CERTAIN LIMITS ON GRANTING INJUNCTIONS NOT TO APPLY  
Restraining injunctions

95-30(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

95-30(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.