Document ID: chunk:federal_register_of_legislation:C2004C01253:clause:1_28
Version: federal_register_of_legislation:C2004C01253
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 10813–12416

28  Subsections 87(1A) and (1B)
Repeal the subsections, substitute:

 (1A) Without limiting the generality of section 80, the Court may:
 (a) on the application of a person who has suffered, or is likely to suffer, loss or damage by conduct of another person that was engaged in in contravention of Part IVA, IVB or V; or
 (b) on the application of the Commission in accordance with subsection (1B) on behalf of one or more persons who have suffered, or who are likely to suffer, loss or damage by conduct of another person that was engaged in in contravention of Part IV (other than section 45D or 45E), IVA, IVB or V;
make such order or orders as the Court thinks appropriate against the person who engaged in the conduct or a person who was involved in the contravention (including all or any of the orders mentioned in subsection (2)) if the Court considers that the order or orders concerned will:
 (c) compensate the person who made the application, or the person or any of the persons on whose behalf the application was made, in whole or in part for the loss or damage; or
 (d) prevent or reduce the loss or damage suffered, or likely to be suffered, by such a person.

 (1B) The Commission may make an application under paragraph (1A)(b) on behalf of one or more persons identified in the application who:
 (a) have suffered, or are likely to suffer, loss or damage by conduct of another person that was engaged in in contravention of Part IV (other than section 45D or 45E), IVA, IVB or V; and
 (b) have, before the application is made, consented in writing to the making of the application.