Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:2_87aaa:p1
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 2 cl 87AAA (pt 1/2)
Character Range: 47968–50600

87AAA  Orders to redress loss or damage suffered by non‑party consumers etc.

Orders
 (1) Without limiting the generality of section 80, if:
 (a) a person engaged in conduct (the contravening conduct) in contravention of a provision of Part IVA, of Division 1 or 1AAA of Part V or of Part VC; and
 (b) the contravening conduct caused, or is likely to cause, a class of persons to suffer loss or damage; and
 (c) the class includes persons who are non‑party consumers in relation to the contravening conduct;
the Court may, on the application of the Commission, 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 87AAB.
 (2) An order under subsection (1) may be made against the person who engaged in the contravening conduct or a person involved in that conduct.
 (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‑party consumers in relation to the contravening conduct; or
 (b) prevent or reduce the loss or damage suffered, or likely to be suffered, by the non‑party consumers in relation to the contravening conduct.

Application for orders
 (4) An application may be made under subsection (1) even if an enforcement proceeding in relation to the contravening conduct has not been instituted.
 (5) 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.

Determining whether to make an order
 (6) In determining whether to make an order under subsection (1) against a person referred to in subsection (2), the Court may have regard to the conduct of the person, and of the non‑party consumers in relation to the contravening conduct, since the contravention occurred.
 (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‑party consumers in relation to the contravening conduct;
 (b) the nature of the loss or damage suffered, or likely to be suffered, by such persons.

When a non‑party consumer 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 consumer in relation to the contravening conduct to which the order relates has been redressed, prevented