Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 567

Restraining injunctions

(1) The power of the court under this Part to grant an injunction restraining
a person from engaging in conduct of a particular kind may be exercised:

   (a)  if the court is satisfied that the person has engaged in conduct of
        that kind-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; or

   (b)  if it appears to the court that, if an injunction is not granted, it
        is likely that the person will engage in conduct of that kind-whether
        or not the person has previously engaged in conduct of that kind and
        whether or not there is an imminent danger of substantial damage to
        any person if the person engages in conduct of that kind.

Performance injunctions

(2) The power of the court to grant an injunction requiring a person to do an
act or thing may be exercised:

   (a)  if the court is satisfied that the person has refused or failed to do
        that act or thing-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 act or thing; or

   (b)  if it appears to the court that, if an injunction is not granted, it
        is likely that the person will refuse or fail to do that act or
        thing-whether or not the person has previously refused or failed to do
        that act or thing and whether or not there is an imminent danger of
        substantial damage to any person if the person refuses or fails to do
        that act or thing.