Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 58FZO

Making non - punitive orders

  (1)   The Court may, on application, make one or more of the following orders in relation to a person who has engaged in conduct contravening an SPF principle or a provision of an SPF code:

  (a)   a community service order;

  (b)   a probation order for a period of no longer than 3 years;

  (c)   an order requiring the person to disclose, in the way and to the persons specified in the order, specified information that the person has possession of or access to;

  (d)   an order requiring the person to publish, at the person's expense and in a specified way, an advertisement in the terms specified in, or determined in accordance with, the order.

Applying for non - punitive orders

  (2)   An application for such an order may be made by:

  (a)   for conduct contravening an SPF principle--the SPF general regulator; or

  (b)   for conduct contravening a provision of the SPF code for a regulated sector--the SPF sector regulator for the sector.

Definitions

  (3)   For the purposes of this section, a probation order is an order made to ensure that a person does not engage in:

  (a)   the conduct that resulted in the order; or

  (b)   similar conduct or related conduct;

during the period of the order.

  (4)   Without limiting subsection   (3), a probation order includes:

  (a)   an order directing a person to establish a compliance program, or an education and training program, that:

  (i)   is for employees or other persons involved in the person's business; and

  (ii)   is designed to ensure awareness of responsibilities and obligations relating to conduct covered by paragraph   (3)(a) or (b); and

  (b)   an order directing a person to revise the internal operations of the person's business that lead to conduct covered by paragraph   (3)(a) or (b).

  (5)   In this section:

"community service order" means an order directing a person to perform a service that:

  (a)   is specified in the order; and

  (b)   is or relates to the conduct that resulted in the order;

for the benefit of the community or a section of the community.

"contravening" : conduct contravening an SPF principle or a provision of an SPF code includes conduct that constitutes being involved in such a contravention.

Note:   For the meaning of involved , see subsection   4(1).

"Court" , in relation to a matter, means any court having jurisdiction in the matter.