New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 73

73 Trading prohibition orders

(1) The Secretary may, after serving a notice on a person under section 72 and taking into consideration any submissions made in relation to the matter, apply to the Supreme Court for an order under this section in respect of the person if the Secretary is of the opinion that the person is likely to engage again, or to continue to engage, in any unlawful conduct within the meaning of that section.

(2) The Supreme Court may, on application by the Secretary under this section, make an order prohibiting the person who is the subject of the application (
"the relevant person" ) from carrying on a business of supplying goods or services (whether or not as part of, or incidental to, the carrying on of another business) for an indefinite period or for a period specified in the order.

(3) In making any such order, the Supreme Court may, if the Court is satisfied that a person has sustained loss or damage as a result of the unlawful conduct of the relevant person, order the relevant person to compensate the other person for the loss or damage.

(4) A reference in subsection (3) to loss or damage does not, if the loss or damage arises from a contravention of Part 2-1, 3-1 or 4-1 of the ACL, include a reference to--

(a) the death of a person, or

(b) personal injury to a person (including any pre-natal injury, any impairment of the person's physical or mental condition and any disease).

(5) This section does not limit the operation of section 79 of this Act or Division 2 of Part 5-2 of the ACL.