Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:3_101l
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 3 cl 101L
Character Range: 108243–109570

101L  Orders to redress loss or damage

Orders
 (1) If:
 (a) a person engages in conduct (the contravening conduct) that contravenes this Part (other than Division 3); and
 (b) the contravening conduct causes, or is likely to cause, a person to suffer loss or damage;
any court having jurisdiction in the matter may, on the application of the person referred to in paragraph (b) or the ACCC, make such order or orders (other than an award of damages) as the court thinks appropriate against the person who engaged in the conduct.
 (2) A court must not make an order under subsection (1) unless the court considers that the order will:
 (a) redress, in whole or in part, the loss or damage suffered by the person in relation to the contravening conduct; or
 (b) prevent or reduce the loss or damage suffered, or likely to be suffered, by the person in relation to the contravening conduct.

Application for orders
 (3) An application may be made under subsection (1) even if an enforcement proceeding in relation to the contravening conduct has not been instituted.
 (4) An application under subsection (1) may be made at any time within 6 years after the day on which the cause of action that relates to the contravening conduct accrues.

Division 7—Application of Part to partnerships, unincorporated associations and trusts