Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12gnb:p1
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12GNB (pt 1/2)
Character Range: 247682–250355

12GNB  Orders to redress loss or damage suffered by non‑parties etc.

Orders
 (1) Without limiting the generality of section 12GD, if:
 (a) a person:
 (i) engaged in conduct (the contravening conduct) in contravention of a provision of Subdivision BA, C or D; or
 (ii) is a party to a contract who is advantaged by a term (the declared term) of the contract in relation to which the Court has made a declaration under section 12GND; and
 (b) the contravening conduct or declared term caused, or is likely to cause, a class of persons to suffer loss or damage; and
 (c) the class includes persons who are non‑parties in relation to the contravening conduct or declared term;
the Court may, on the application of ASIC, make such order or orders (other than an award of damages) as the Court thinks appropriate against a person referred to in subsection (2) of this section.
Note: The orders that the Court may make include all or any of the orders set out in section 12GNC.
 (2) An order under subsection (1) may be made against:
 (a) if subparagraph (1)(a)(i) applies—the person who engaged in the contravening conduct, or a person involved in that conduct; or
 (b) if subparagraph (1)(a)(ii) applies—a party to the contract who is advantaged by the declared term.
 (3) The 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 non‑parties in relation to the contravening conduct or declared term; or
 (b) prevent or reduce the loss or damage suffered, or likely to be suffered, by the non‑parties in relation to the contravening conduct or declared term.

Application for orders
 (4) An application may be made under subsection (1) even if an enforcement proceeding in relation to the contravening conduct or declared term has not been instituted.
 (5) An application under subsection (1) may be made at any time within 6 years after the day on which:
 (a) if subparagraph (1)(a)(i) applies—the cause of action that relates to the contravening conduct accrues; or
 (b) if subparagraph (1)(a)(ii) applies—the declaration is made.

Determining whether to make an order
 (6) In determining whether to make an order under subsection (1) against a person referred to in paragraph (2)(a), the Court may have regard to the conduct of the person, and of the non‑parties in relation to the contravening conduct, since the contravention 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