Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:3_100zc
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 3 cl 100ZC
Character Range: 85410–86897

100ZC  Determining whether to make an order
 (1) In determining whether to make an order against a person referred to in subsection 100ZB(1), a court may have regard to the conduct of:
 (a) the person; and
 (b) the non‑parties;
in relation to the contravening conduct, since the contravention occurred.
 (2) In determining whether to make an order under subsection 100ZB(1), a court need not make a finding about either of the following matters:
 (a) which persons are non‑parties in relation to the contravening conduct;
 (b) the nature of the loss or damage suffered, or likely to be suffered, by such persons.

When a non‑party is bound by an order etc.
 (3) If:
 (a) an order is made under subsection 100ZB(1) against a person; and
 (b) the loss or damage suffered, or likely to be suffered, by a non‑party in relation to the contravening conduct to which the order relates has been redressed, prevented or reduced in accordance with the order; and
 (c) the non‑party has accepted the redress, prevention or reduction;
then:
 (d) the non‑party is bound by the order; and
 (e) any other order made under subsection 100ZB(1) that relates to that loss or damage has no effect in relation to the non‑party; and
 (f) despite any other provision of this Act or any other law of the Commonwealth, or a State or Territory, no claim, action or demand may be made or taken against the person by the non‑party in relation to that loss or damage.

Division 8—Power to require information, etc.