(1) A landlord or
tenant, or former landlord or tenant, under a retail shop lease or former
retail shop lease who suffers, or is likely to suffer, loss or damage because
of unconscionable conduct of another person that contravenes section 15C or
15D may apply in writing to the Tribunal for an order that the other person
pay compensation in respect of the loss or damage, or for other appropriate
(2) An unconscionable
conduct application is required to be lodged within 6 years after the alleged
unconscionable conduct occurred.
(3) Without limiting
section 26, in proceedings in relation to an unconscionable conduct
application, the Tribunal may make any one or more of the following orders
that it considers appropriate —
order that a party to the proceedings pay money to a specified person, whether
by way of debt, damages or restitution, or refund any money paid by a
order that a specified amount of money is not due or owing by a party to the
proceedings to a specified person, or that a party to the proceedings is not
entitled to a refund of any money paid to another party to the proceedings.
(4) The Tribunal may
make any ancillary orders that it considers necessary for the purpose of
enabling an order under this section to have full effect.
(5) The Tribunal may
impose any conditions that it considers appropriate when making an order under
(6) The Tribunal may
make an interim order under this section pending final determination of an
unconscionable conduct application, if the Tribunal considers it appropriate
to do so.
(7) In this section
specified , in relation to an order, means
specified in the order.
[Section 15F inserted: No. 47 of 2006 s. 23;
amended: No. 59 of 2011 s. 19.]
[Heading inserted: No. 59 of 2011 s. 20.]