69EMBCertain limits on granting injunctions not to apply

69EMB Certain limits on granting injunctions not to apply

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.