Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:3_100zb
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 3 cl 100ZB
Character Range: 83929–85410

100ZB  Orders to redress loss or damage suffered by non‑parties, etc.

Orders
 (1) If:
 (a) a person engages in conduct (the contravening conduct) that contravenes Division 4 or 5 of this Part or the Water Markets Intermediaries Code; and
 (b) the contravening conduct causes, or is likely to cause, a class of persons to suffer loss or damage; and
 (c) the class includes persons (non‑parties) who are not, or have not been, parties to a proceeding (an enforcement proceeding) instituted under Part 8 in relation to the contravening conduct;
any court having jurisdiction in the matter may, on the application of 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 non‑parties in relation to the contravening conduct; 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.

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.