Tourism Services Act 2003
sec.75Court’s powers for injunctions
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sec.75 Court’s powers for injunctions
The power of the District 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 conduct of that kind; and whether or not the person has previously engaged in conduct of that kind. 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. (sec.75-ssec.1) The power of the District 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 conduct of that kind; and whether or not the person has previously engaged in conduct of that kind. (sec.75-ssec.2) 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.75-ssec.3) An interim injunction may be granted under this part until the application is finally decided. (sec.75-ssec.4) The District Court may rescind or vary an injunction at any time.
- (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.
- (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.