Commonwealth Numbered Acts

ENDANGERED SPECIES PROTECTION ACT 1992 No. 194 of 1992 - SECT 134

134.(1) The power of the court under this Division to grant an injunction
restraining a person or Commonwealth agency from engaging in conduct of a
particular kind may be exercised:

   (a)  if the court is satisfied that the person or Commonwealth agency has
        engaged in conduct of that kind-whether or not it appears to the court
        that the person or Commonwealth agency 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 or Commonwealth agency will engage in
        conduct of that kind-whether the person or Commonwealth agency 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
        or Commonwealth agency engages in conduct of that kind.

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

   (a)  if the court is satisfied that the person or Commonwealth agency has
        refused or failed to do it-whether or not it appears to the court that
        the person or Commonwealth agency intends to refuse or fail again, or
        to continue to refuse or fail, to do it; or

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