Commonwealth Numbered Acts

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 (NO. 73, 2011) - SECT 130

Restraining injunctions

             (1)  The power of the Federal Court or the Federal Magistrates Court under this Division to grant an injunction restraining a regulated entity from engaging in conduct may be exercised:

                     (a)  whether or not it appears to the Court that the entity intends to engage again, or to continue to engage, in conduct of that kind; and

                     (b)  whether or not the entity has previously engaged in conduct of that kind; and

                     (c)  whether or not there is an imminent danger of substantial damage to any other person if the entity engages in conduct of that kind.

Performance injunctions

             (2)  The power of the Federal Court or the Federal Magistrates Court under this Division to grant an injunction requiring a regulated entity to do a thing may be exercised:

                     (a)  whether or not it appears to the Court that the entity intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and

                     (b)  whether or not the entity has previously refused or failed to do that thing; and

                     (c)  whether or not there is an imminent danger of substantial damage to any other person if the entity refuses or fails to do that thing.