Commonwealth Consolidated Acts

AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) ACT 1992 - SECT 69EMB

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 the conduct involves a serious and immediate risk of:

  (i)   an effect that is harmful to human beings; or

  (ii)   an unintended effect that is harmful to animals, plants or things, or to the environment.

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 the conduct involves a serious and immediate risk of:

  (i)   an effect that is harmful to human beings; or

  (ii)   an unintended effect that is harmful to animals, plants or things, or to the environment.