New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 147

147 Orders by Tribunal if term declared unfair or conduct declared unjust

(1) The Tribunal may, if it declares a term of a supply contract or of a class of supply contracts to be an unfair term, do any of the following--

(a) make an order declaring the contract or contracts to be void, in whole or in part,

(b) make an order varying, in whole or in part, any term of the contract or contracts,

(c) make an order directing a party to the contract or contracts to take or not to take specified actions relating to the subject-matter of the contract or contracts (whether or not permitted by the contract or contracts),

(d) make an order directing a party to the contract to pay an amount of compensation to another party to the contract,

(e) make any other consequential or ancillary orders it thinks fit.

(2) The Tribunal may, if it declares conduct by a manufacturer to be unjust, do any of the following--

(a) make an order directing a manufacturer or other person to take or not to take specified actions relating to the conduct or the subject-matter of the supply contract or contracts (whether or not permitted by the contract or contracts),

(b) make an order directing a party to the contract to pay an amount of compensation to another party to the contract,

(c) make any other consequential or ancillary orders it thinks fit.

(3) An order made by the Tribunal under this section takes effect when it is made or at such other time as the Tribunal specifies.

(4) In making an order under this section, the amount of compensation the Tribunal may order to be paid is not subject to any limitation on the Tribunal's jurisdiction under any other Act or law.