QLDIn ForceAct
Biosecurity Act 2014
sec.387District Court’s powers
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### sec.387 District Court’s powers
On considering the application for an injunction, the District Court may grant an injunction—
restraining the person from engaging in the conduct; and
if in the court’s opinion it is desirable to do so, requiring the person to do anything.
The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised—
whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and
whether or not the person has previously engaged in the conduct.
The power of the court to grant an injunction requiring a person to do an act or thing may be exercised—
whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and
whether or not the person has previously failed to do the act or thing.
An interim injunction may be granted under this part until the application is finally decided.
The District Court may rescind or vary an injunction at any time.
The powers conferred on the District Court under this part are in addition to, and do not limit, any other powers of the court.
(sec.387-ssec.1) On considering the application for an injunction, the District Court may grant an injunction— restraining the person from engaging in the conduct; and if in the court’s opinion it is desirable to do so, requiring the person to do anything.
(sec.387-ssec.2) The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and whether or not the person has previously engaged in the conduct.
(sec.387-ssec.3) The power of the court to grant an injunction requiring a person to do an act or thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and whether or not the person has previously failed to do the act or thing.
(sec.387-ssec.4) An interim injunction may be granted under this part until the application is finally decided.
(sec.387-ssec.5) The District Court may rescind or vary an injunction at any time.
(sec.387-ssec.6) The powers conferred on the District Court under this part are in addition to, and do not limit, any other powers of the court.
- (a) restraining the person from engaging in the conduct; and
- (b) if in the court’s opinion it is desirable to do so, requiring the person to do anything.
- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and
- (b) whether or not the person has previously engaged in the conduct.
- (a) whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and
- (b) whether or not the person has previously failed to do the act or thing.