Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12gnb:p2
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12GNB (pt 2/2)
Character Range: 250123–251991

occurred.
 (7) In determining whether to make an order under subsection (1) against a person referred to in paragraph (2)(b), the Court may have regard to the conduct of the person, and of the non‑parties in relation to the declared term, since the declaration was made.
 (8) In determining whether to make an order under subsection (1), the Court need not make a finding about either of the following matters:
 (a) which persons are non‑parties in relation to the contravening conduct or declared term;
 (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.
 (9) If:
 (a) an order is made under subsection (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, or declared term, 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 (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.

Other
 (10) Subsection (1) has effect subject to section 12GNA.
Note: Section 12GNA may limit the liability, under an order made under subsection (1) of this section, of a person for his or her contravention of section 12DA (which is about misleading or deceptive conduct) or involvement in such a contravention.
 (11) This section does not apply in relation to contravening conduct that occurred before the commencement of this section.