Western Australian Current Acts

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16D .         SAT’s powers as to misleading etc. conduct

        (1)         A party, or former party, under a retail shop lease or former retail shop lease who suffers, or is likely to suffer, loss or damage because of misleading or deceptive conduct of another party or former party to the lease may apply in writing to the Tribunal for an order that the other party, or former party, pay compensation in respect of the loss or damage, or for other appropriate relief.

        (2)         A misleading or deceptive conduct application is required to be lodged within 6 years after the alleged misleading or deceptive conduct occurred.

        (3)         Without limiting section 26, in proceedings in relation to a misleading or deceptive conduct application, the Tribunal may make any one or more of the following orders that it considers appropriate —

            (a)         an 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 specified person;

            (b)         an 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 this section.

        (6)         The Tribunal may make an interim order under this section pending final determination of a misleading or deceptive 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 16D inserted: No. 59 of 2011 s. 20.]

        [Heading inserted: No. 59 of 2011 s. 21.]

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