Does not include amendments by: (amended by Law Enforcement (Powers and Responsibilities) Act 2002 No 103) (not commenced — to commence on 1.12.2005) Fair Trading Amendment Act 2004 No 21(not commenced) Conveyancers Licensing Act 2003 No 3(not commenced) Occupational Health and Safety Amendment (Dangerous Goods) Act 2003 No 38(not commenced) Electricity (Consumer Safety) Act 2004 No 4(not commenced) Home Building Amendment Act 2004 No 101(not commenced) Civil Procedure Act 2005 No 28(not commenced) Noxious Weeds Amendment Act 2005 No 29
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: acquire includes:
(a) in relation to goods—acquire by purchase or exchange or by taking on lease, on hire or on hire-purchase, (b) in relation to services—accept, and (c) in relation to an interest in land—acquire by purchase or exchange or by taking on lease, or in any other manner in which an interest in land may be acquired for valuable consideration. advisory committee means a committee appointed under section 25.advisory council means any of the councils established by Divisions 5–9 of Part 2.assisted person means a person granted legal assistance under section 13.authorised person means a person authorised by the Director-General.banning order means an order in force under section 30 or 31 prohibiting or restricting the supply of goods.business includes:
(a) a business not carried on for profit, and (b) a trade or profession. consumer has the meaning given by section 5.dangerous , in relation to goods, means likely to cause death or to cause injury to the body or health of a person, whether the death or injury is likely to be caused directly or indirectly and whether or not because of:
(a) a failure to include with or on the goods any instructions for their use, (b) the inclusion with or on the goods of instructions for the use of the goods that are inaccurate or inadequate, (c) a failure of the goods to function in the manner represented by the manufacturer or supplier, (d) the goods not being of the quality represented by the manufacturer or supplier, or (e) the necessity for, or possibility of, the use of the goods with other goods. Department means the Department of Commerce.Director-General means:
(a) the Commissioner for Fair Trading, Department of Commerce, or (b) if there is no such position in the Department—the Director-General of the Department. disposal , in relation to an interest in land, means disposal by sale, exchange or lease or by any other method by which an interest in land may be disposed of for valuable consideration.document includes any source of information, whether or not the information is available only after the source is subjected to electronic or other process.goods includes:
(a) ships, aircraft and other vehicles, (b) animals, including fish, (c) minerals, trees and crops, whether on, under or attached to land or not, (d) gas and electricity, and (e) any component part of, or accessory to, goods. interest , in relation to land, means:
(a) a legal or equitable estate or interest in the land, (b) a right of occupancy of the land, or of a building or part of a building erected on the land, conferred by shares, or by virtue of a contract to purchase shares, in a corporation that owns the land or the building, or (c) a right, power or privilege over, or in connection with, the land. investigator means an officer appointed by the Director-General under section 18 as an investigator.officer means:
(a) the Director-General or any other member of staff (within the meaning of the ) of the Department, or Public Sector Employment and Management Act 2002 (b) a member of staff of a public sector agency (within the meaning of section 85 of the ) who is transferred to, or who provides services for, the Department, or Public Sector Employment and Management Act 2002 (c) any person engaged by the Director-General (with the approval of the Minister and on such terms as the Minister thinks fit) to assist in the exercise of the Director-General’s functions. price includes a charge of any description and the price of goods or services acquired by a person (whether or not by purchase) is the amount paid or payable for them or, if such an amount is not specified because acquisition of the goods or services is part only of a transaction for which a total amount is paid or payable, is:
(a) the lowest amount for which the goods or services could reasonably have been acquired from the supplier at the time of the transaction or, if not from the supplier, from another supplier, or (b) if they could not reasonably have been acquired separately from any supplier—their value at the time of the transaction. product information standard means a standard prescribed by regulations referred to in section 38.product safety standard means a standard prescribed by regulations referred to in section 26.Products Safety Committee means the Products Safety Committee established under section 24.public authority means a public or local authority constituted by an Act (whether or not a statutory body representing the Crown), a Government Department or an administrative office.published , in relation to a statement, includes:
(a) inserted in a newspaper or other publication, (b) publicly exhibited:
(i) in, on, over or under a building, vehicle, aircraft or ship, or in any other place (whether or not a public place and whether on land or water), or (ii) in the air in view of persons who are, or are passing, in or on a street or public place, (c) contained in a document sent or given to a person or thrown or left upon, or at, premises occupied by a person, (d) broadcast by radio or television, (e) reproduced electronically, and (f) made verbally. regulations means regulations made under section 92.send includes deliver.services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce, and without limiting the generality of the foregoing, includes the rights, benefits, privileges and facilities that are, or are to be, provided, granted or conferred under:
(a) a contract for or in relation to:
(i) the performance of work (including work of a professional nature), whether with or without the supply of goods, (ii) the provision of gas or electricity or the provision of any other form of energy, (iii) the provision, or making available for use, of facilities for amusement, entertainment, recreation or instruction, or (iv) the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction, (b) a contract of insurance, (c) a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking, (d) a contract for or in relation to the lending of money, (e) a residential tenancy agreement (within the meaning of the ) under which the residential premises consist of a residential site in a residential park or a moveable dwelling on such a residential site (within the meaning of that Act), or Residential Parks Act 1998 (f) a service contract (within the meaning of the ), Retirement Villages Act 1999 but does not include rights or benefits being the supply of goods or the performance of work under a contract of service. statement includes a representation of any kind, whether made by means of:
(a) words, maps, plans or drawings, or (b) pictorial representation or design, or by any combination of those means. supplier means a person who, in the course of a business, supplies goods or services.supply includes:
(a) in relation to goods:
(i) supply (including re-supply) by way of sale, exchange, lease, hire or hire-purchase, and (ii) exhibit, expose or have in possession for the purpose of sale, exchange, lease, hire or hire-purchase or for any purpose of manufacture or trade, (b) in relation to services—provide, grant or render for valuable consideration, and (c) in relation both to goods and to services—donate for promotional purposes. this Act includes regulations.trade or commerce includes any business or professional activity.Tribunal means the Consumer, Trader and Tenancy Tribunal established by the. Consumer, Trader and Tenancy Tribunal Act 2001 unsolicited goods means goods sent to a person without any request for the goods being made by, or by the authority of, the person.unsolicited services means services supplied to a person without any request for the services being made by, or by the authority of, the person.(2) In this Act:
(a) a reference to the supply or acquisition of goods includes a reference to agreeing to supply or acquire goods, (b) a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods upon a supply of the goods, (c) a reference to the supply or acquisition of services includes a reference to agreeing to supply or acquire services, (d) a reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with services, (e) a reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with goods, (f) a reference to goods or services includes a reference to goods and services, (g) a reference to the disposal or acquisition of an interest in land includes a reference to agreeing to dispose of or acquire such an interest, whether or not the agreement is in writing or evidenced by writing, and (h) a reference to the disposal or acquisition of an interest in land includes a reference to the disposal or acquisition of such an interest together with goods. (3) For the purposes of this Act:
(a) the obtaining of credit by a person in connection with the acquisition of goods or services by the person is an acquisition by the person of services, and (b) any amount by which the price of the goods or services is increased because credit was obtained is the price of the services represented by the obtaining of credit.
(1) The Director-General may enter into an arrangement (an information sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information held by the Director-General and the agency.(2) The information to which an information sharing arrangement may relate is limited to the following:
(a) information concerning investigations, law enforcement, assessment of complaints, licensing or disciplinary matters, (b) probity assessments and reference checks concerning persons who provide, or propose to provide, goods or services to consumers, (c) any other information affecting the interests of consumers.
(1) The Director-General may grant an application made under section 12 if:
(a) the Director-General is satisfied that the applicant has reasonable grounds for bringing, or being a party to, the proceedings to which the application relates, (b) the Director-General is of the opinion that it is desirable, in the general interests of consumers or of any class of consumers, that assistance should be granted, and (c) (d) the Director-General has received the written approval of the Minister to grant the assistance applied for.
(1) If proceedings have been brought in a case to which a solicitor has been assigned under section 14, the solicitor shall, as soon as practicable after the assignment and before taking any other step in the proceedings:
(a) serve on the other party or parties to the proceedings, and (b) file in the court in which the proceedings are pending, a notice to the effect that he or she is undertaking the conduct of the case. (2) If a notice is filed under subsection (1):
(a) the proceedings are stayed for a period of 14 days, and (b) unless otherwise ordered by the court—time fixed for the doing of any act or taking any step in the proceedings does not run during that period.
(1) If a person is granted assistance under section 13, the court shall, in making an order for costs:
(a) in favour of the assisted person—make the same order (except against another assisted person) as the court would have made in favour of the assisted person if the person had not been an assisted person, or (b) against the assisted person—make the same order (except in favour of another assisted person) as the court would have made against the assisted person if the person had not been an assisted person.
(1) The Director-General may, by order in writing, appoint an officer as an investigator for the purposes of this Act and of any other legislation administered by the Minister and shall provide the officer with a certificate of identification as an investigator.
(1) The powers conferred by this section may be exercised for the purposes of this Act and any other legislation administered by the Minister but may not be exercised for any other purpose.
(1) In this section: authorised justice means an authorised justice within the meaning of the. Search Warrants Act 1985 place includes a vehicle, vessel or aircraft.(2) An investigator may apply to an authorised justice for the issue of a search warrant if the investigator believes on reasonable grounds that there is evidence of a contravention of a provision of this Act on any place or land. (3) An authorised justice to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any investigator:
(a) to enter the place or land specified in the warrant, and (b) to search for evidence of a contravention of a provision of this Act, and (c) to exercise the powers of an investigator under subsection (4).
(1) This section applies only to a person who is, on reasonable grounds, believed by the Director-General to be capable of giving information, producing documents or giving evidence in relation to:
(a) a possible contravention of this Act or any other legislation administered by the Minister, or (b) a matter that may lead to the reference of a question to the Products Safety Committee or an advisory committee.
(1) The Director-General, an authorised person or an investigator may inspect a document produced in response to a notice under section 20 or 23A and may make copies of, or take extracts from, the document.
(1) Except as provided by subsection (4), a person engaged in the administration of this Act shall not:
(a) in the course of that administration, disclose to another person so engaged any information or evidence given, or the contents of any document produced, in response to a notice under section 20 or 23A without informing the other person that the information or evidence was so given, or the document so produced, or (b) otherwise than in the course of that administration, disclose any such information, evidence or contents to any person without the written permission of the Minister given in relation to the disclosure. Maximum penalty: 20 penalty units.
(1) The Director-General may require a person who, in trade or commerce, published or caused to be published a statement promoting, or apparently intended to promote, the supply of goods or services or the sale or grant of an interest in land, to provide the Director-General with proof of any claim or representation (express or implied) made in the statement.
(1) When a person, in trade or commerce, publishes or causes to be published a statement advertising goods or services for supply at a specified price, the statement is taken to include a representation that the person will be able to offer the goods or services for supply at the advertised price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.
(1) There shall be established a Products Safety Committee having the functions conferred or imposed on it by this Act.
(1) The Minister, or the Director-General with the approval of the Minister, may refer to the Products Safety Committee for consideration the question whether the supply of goods of a kind specified in the reference or any particular goods so specified should:
(a) because they are dangerous, or are a possible source of danger, be prohibited, or (b) be allowed only subject to conditions or restrictions to be specified by the Committee. (2) Subsection (1) does not apply to goods the supply of which is prohibited or regulated by or under an Act specified in Schedule 2 or an Act prescribed for the purposes of this subsection. (3) (4) The Minister may, upon a question being referred under subsection (1), cause particulars of the question to be notified to the public in such manner as the Minister thinks fit.
(1) For the purpose of considering a question referred to it, the Products Safety Committee may, by notice in writing signed by the Chairperson or by a member of the Committee on behalf of the Chairperson:
(a) require any person to attend at a time and place specified in the notice and to give evidence before the Committee or a member of the Committee nominated by it for the purpose, or (b) require any person to produce, at a time and place specified in the notice, to the Committee or to a member of the Committee nominated by it for the purpose, any goods or documents described in the notice that are in the custody, or under the control, of the person and are relevant to the question.
(1) The Director-General may, by order published in the Gazette, require the supplier of defective goods to do any one or more of the following:
(a) recall the goods in the manner, and within the period, specified in the order, (b) disclose to the public, or to a class of persons specified in the order, in the manner and within the period so specified, any one or more of the following:
(i) the nature of any defect in, or dangerous characteristic of, the goods identified in the order, (ii) the circumstances in which the use of the goods is dangerous, (iii) procedures for disposing of the goods, (c) notify the public, or a class of persons specified in the order, in the manner and within the period so specified, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate:
(i) except where the order identifies a dangerous characteristic of the goods—repair the goods, (ii) replace the goods, (iii) refund to a person to whom the goods were supplied (whether by the supplier or by another person) the price of the goods.
(1) The Minister or the supplier of goods to which a recall order relates may, within 14 days of the date on which the order was published in the Gazette, request the Products Safety Committee to review the order.
(1) A supplier shall not sell goods to which more than one price is appended at a price that is greater than the lower, or lowest, of the prices. Maximum penalty: 50 penalty units.
(1) For the purposes of this Division, a contract is a direct commerce contract if:
(a) it is for the supply of goods or services to a consumer who is an individual, and (b) negotiations leading to the making of the contract (whether or not they are the only negotiations that precede the making of the contract) take place between the dealer and the consumer:
(i) in each other’s presence at a place other than the business or trade premises of the supplier, or (ii) over the telephone, and (c) the dealer has called at that place or made that telephone call in the course of direct commerce, and (d) the consumer did not invite the dealer to call at that place or make that telephone call for the purpose of entering into those negotiations, and (e) the total consideration payable by the consumer under the contract:
(i) is not ascertainable at the time of the making of the contract, or (ii) is ascertainable at the time of the making of the contract (but is more than $100 or such other amount as may be prescribed by the regulations for the purposes of this section).
(1) Before a direct commerce contract is made, the consumer must be given information as to the following:
(a) that the consumer has a right to cancel the contract during the cooling-off period, (b) the manner in which that right may be exercised by the consumer, (c) such other matters as may be prescribed by the regulations for the purposes of this section. (2) In the case of a direct commerce contract that is made in the presence of both the dealer and the consumer, the information referred to in subsection (1) must be given to the consumer in writing.
(1) The consumer under a direct commerce contract may cancel the contract by giving written notice of cancellation to the supplier:
(a) in the case of a contract that is made in the presence of both the dealer and the consumer—within 5 clear business days from the day on which the contract was made, or (b) in the case of a contract that is made over the telephone—within the period commencing on the day the contract was made and ending 5 clear business days from the day on which the information referred to in section 40D (1) is given to the consumer in writing, or (c) in the case of either such contract—within such longer period as the contract may provide.
(1) If a direct commerce contract is cancelled by the consumer during the cooling-off period under this Division:
(a) the consumer must immediately:
(i) return to the supplier any goods received from the supplier under the contract, or (ii) notify the supplier of the place where the supplier may collect the goods, and (b) the supplier must, after receiving the goods or any such notice, immediately return or refund to the consumer any consideration (or the value of any consideration) given by the consumer under the contract or a related contract or instrument. (2) If:
(a) the consumer gives notice to the supplier under subsection (1) (a) (ii), and (b) the supplier does not collect the goods within 28 days after the cancellation of the contract, the goods become the property of the consumer free of any other right or interest.
(1) A dealer who is carrying on negotiations on the telephone with a person ( the prospective consumer ) for the purpose of making a direct commerce contract (or for an incidental or related purpose) must cease those negotiations immediately on the request of the prospective consumer.
(1) If a direct commerce contract has been cancelled (or is capable of being cancelled) by the consumer under this Division, a person must not, for the purpose of recovering an amount alleged to be payable by the consumer under the contract or a related contract or instrument:
(a) bring, or assert an intention to bring, legal proceedings against the consumer, or (b) place the name of the consumer, or cause the name of the consumer to be placed, on any list of defaulters or debtors, or assert an intention of placing the name of the consumer, or causing the name of the consumer to be placed, on any such list, or (c) take any other action against the consumer. Maximum penalty: 100 penalty units.
(TPA s 66)
(TPA s 68)
(TPA s 75A)
(TPA s 69)
(TPA s 71)
(TPA s 74)
(TPA s 74A) (1) In this Division: express warranty , in relation to goods, means an undertaking, assertion or representation in relation to:
(a) the quality, performance or characteristics of the goods, or (b) the provision of services that are or may at any time be required in respect of the goods, or (c) the supply of parts that are or may at any time be required for the goods, or (d) the future availability of identical goods, or of goods constituting or forming part of a set of which the goods in relation to which the undertaking, assertion or representation is given or made form part, given or made in connection with the supply of the goods or in connection with the promotion by any means of the supply or use of the goods, the natural tendency of which is to induce persons to acquire the goods. manufactured includes grown, extracted, produced, processed and assembled.(2) In this Division:
(a) a reference to goods is a reference to goods of a kind ordinarily acquired for personal, domestic or household use or consumption, and (b) a reference to a person who acquires goods from a consumer does not include a reference to a person who acquires goods for the purpose of re-supply, and (c) a reference to the quality of goods includes a reference to the state or condition of the goods, and (d) a reference to negotiations in relation to the acquisition of goods by a consumer is a reference to any negotiations or arrangements conducted or made with the consumer by another person in the course of a business carried on by the other person in respect of which the consumer was induced to acquire the goods or which otherwise promoted the acquisition of the goods by the consumer.
(TPA s 74C) (1) If:
(a) a person ( the supplier ), in trade or commerce, supplies goods manufactured by the supplier to another person who acquires the goods for re-supply, and(b) a person (whether or not the person who acquired the goods from the supplier) supplies the goods (otherwise than by way of sale by auction) to a consumer by description, and (c) the goods do not correspond with the description, and (d) the consumer or a person who acquires the goods from, or derives title to the goods through or under, the consumer suffers loss or damage by reason that the goods do not correspond with the description, the supplier is liable to compensate the consumer or that other person for the loss or damage and the consumer or that other person may recover the amount of the compensation by action against the supplier in a court of competent jurisdiction.
(TPA s 74D)
(TPA s 74F)
(TPA s 74J)
(TPA s 52A) (1) A supplier shall not, in trade or commerce, in connection with the supply or possible supply of goods or services to a consumer, engage in conduct that is, in all the circumstances, unconscionable.
(1) If:
(a) a person makes a representation as to the country of origin of goods, and (b) the goods have been substantially transformed in that country, and (c) 50% or more of the cost of producing or manufacturing the goods is attributable to production or manufacturing processes that occurred in that country, and (d) the representation is not a representation referred to in subsection (2) or (3), the person does not contravene section 42 or 44 (i) by reason only of making the representation. (2) If:
(a) a person makes a representation that goods are the produce of a particular country (whether the representation uses the words “product of”, “produce of” or any other grammatical variation of the word “produce”), and (b) the country was the country of origin of each significant ingredient or significant component of the goods, and (c) all, or virtually all, processes involved in the production or manufacture occurred in that country, the person does not contravene section 42 or 44 (i) by reason only of making the representation. (3) If:
(a) a person makes a representation as to the country of origin of goods by means of a logo specified in the regulations made under subsection (4), and (b) the goods have been substantially transformed in the country represented by the logo as the country of origin of the goods, and (c) the prescribed percentage of the cost of producing or manufacturing the goods is attributable to production or manufacturing processes that occurred in that country, the person does not contravene section 42 or 44 (i) by reason only of making the representation.
(1) A person must not promote or conduct or assist in the promotion or conduct of an auction:
(a) at which:
(i) goods are sold to a person at a price lower than the highest bid for the goods, or (ii) part of the price for the sale of goods to a person is repaid or credited to the person or is stated to be so repaid or credited, or (b) at which the right to bid for goods is restricted or is stated to be restricted to persons who have bought or agreed to buy other goods, or (c) at which any goods or services are given away or offered as gifts.
(1) The regulations may declare a scheme of a kind described in the regulations to be an unlawful scheme.
(1) A lay-by is the supply of goods on terms (express or implied) which provide that:
(a) the goods will not be delivered to the consumer until the whole of the price has been paid, and (b) the price is required or allowed to be paid by 3 or more instalments (for this purpose a deposit is considered to be an instalment).
(1) The supplier can cancel a lay-by if the consumer breaches a term of the lay-by (for example, by being late with a payment).
(1) For the purposes of this Part, a pyramid selling scheme is a scheme that has both of the following characteristics:
(a) to take part in the scheme, some or all new participants must make a payment (a participation payment ) to another participant or participants in the scheme,(b) the participation payments are entirely or substantially induced by the prospect held out to new participants that they will be entitled to a payment (a recruitment payment ) in relation to the introduction to the scheme of further new participants.
(TPA s 79) (1) A person who:
(a) contravenes, (b) aids, abets, counsels or procures a person to contravene, (c) induces, or attempts to induce, a person whether by threats or promises or otherwise, to contravene, (d) is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of, or (e) conspires with others to contravene, a provision of this Act other than section 42 or 43 is guilty of an offence against this Act. (2) A person guilty of an offence against this Act for which a penalty is not otherwise provided is liable:
(a) in the case of a person other than a body corporate—to a penalty not exceeding 200 penalty units, or (b) in the case of a body corporate—to a penalty not exceeding 1,000 penalty units. (2A) A person who is convicted of a second or subsequent offence against Part 5 is, in addition to, or as an alternative to, any monetary penalty that may be imposed in relation to the offence, liable to imprisonment for a term not exceeding 3 years. However, the maximum term of imprisonment that a Local Court may impose for any such second or subsequent offence is 2 years.
(1) Proceedings for an offence against this Act may be taken and prosecuted only by the Director-General or, in the name of the Director-General, by a person acting with the authority of the Director-General. (2) Proceedings for an offence against this Act (other than a breach of the regulations) shall be disposed of summarily before:
(a) a Local Court, or (b) the Supreme Court in its summary jurisdiction.
(1) In this section: authorised officer means:
(a) the Director-General, (b) an investigator, or (c) a person appointed in writing by the Director-General as an authorised officer for the purposes of this section. (2) Where it appears to an authorised officer that any person has committed an offence prescribed for the purposes of this section, the authorised officer may serve a notice on the apparent offender to the effect that if it is not desired to have the matter determined by a court, the person served may pay to the Director-General within the time specified in the notice the amount of the penalty prescribed for the offence if dealt with under this section. (3) A notice under subsection (2) may be served personally or by post.
(1) In this section, licence means any licence, permit or other authority granted or issued (whether before or after the commencement of this section) under any legislation administered by the Minister, andlicensee means the holder of the licence, permit or authority.(2) If the Director-General is of the opinion that there are reasonable grounds to believe that:
(a) a licensee has engaged in conduct that, under legislation administered by the Minister, constitutes grounds for suspension or cancellation of the licence, and (b) it is likely that the licensee will continue to engage in that conduct, and (c) there is a danger that a person or persons may suffer significant harm, or significant loss or damage, as a result of that conduct unless action is taken urgently, the Director-General may, by notice served on the licensee, suspend the licence for a period of not more than 60 days specified in the notice, commencing on service of the notice. (3) A notice under subsection (2) has effect according to its terms, whether or not the licensee has been afforded an opportunity to be heard as to whether the licence should be suspended.
(TPA s 80) (1) Where, on the application of the Minister, the Director-General or any other person, the Supreme Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute:
(a) a contravention of a provision of Part 3, 4, 5, 5A, 5B, 5C, 5D or 8, (b) attempting to contravene such a provision, (c) aiding, abetting, counselling or procuring a person to contravene such a provision, (d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene such a provision, (e) being in a way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision, or (f) conspiring with others to contravene such a provision, the Court may grant an injunction in such terms as the Court determines to be appropriate. (2) Without prejudice to the generality of subsection (1), an injunction granted under that subsection may be, or include, an injunction restraining a person from carrying on a business of supplying goods or services (whether or not as part of, or incidental to, the carrying on of another business):
(a) for a specified period, or (b) except on specified terms and conditions. (3) Where an application for an injunction under subsection (1) has been made, the Supreme Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that a person has engaged, or is proposing to engage, in conduct of a kind specified in subsection (1).
(1) In this section: unlawful conduct means any conduct that constitutes a contravention of a provision of this Act (or would constitute such a contravention if the conduct occurred in New South Wales), whether or not any proceedings have been brought in respect of the contravention.(2) If the Director-General is satisfied that a person has, in trade or commerce, engaged in any unlawful conduct on more than one occasion (whether in New South Wales or in any other place), the Director-General may, by notice in writing served on the person, call on the person to show cause why the person should not, for the reason specified in the notice, be prevented from carrying on a business of supplying goods or services.
(1) The Director-General may, after issuing a notice under section 66A to a person and taking into consideration any submissions made in relation to the matter, apply to the Supreme Court for an order under this section in respect of the person if the Director-General is of the opinion that the person is likely to engage again, or to continue to engage, in any unlawful conduct within the meaning of section 66A.
(TPA s 82) (1) A person who suffers loss or damage by conduct of another person that is in contravention of a provision of Part 3, 4, 5 (section 43 excepted), 5A, 5B, 5C or 5D may recover the amount of the loss or damage by action against the other person or against any person involved in the contravention.
(TPA s 85)
(TPA s 87) (1A) A reference in this section to loss or damage does not, if the loss or damage arises from a contravention of Part 5 (section 43 excepted), include a reference to:
(a) the death of a person, or (b) personal injury to a person (including any pre-natal injury, any impairment of the person’s physical or mental condition and any disease). (1) Without limiting the generality of section 65, if, in a proceeding instituted under this Part, or for an offence against Part 3, 4, 5, 5B, 5C, 5D or 8, the Supreme Court finds that a person has sustained, or is likely to sustain, loss or damage by conduct of another person that contravened a provision of Part 3, 4, 5, 5B, 5C, 5D or 8, the Court may, whether or not it grants an injunction under section 65 or makes an order under section 67 or 68, make such order or orders as it 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 specified in subsection (5)) if the Court considers that the order or orders concerned will compensate the first-mentioned person wholly or in part for the loss or damage or will prevent or reduce the loss or damage. (2) Without limiting the generality of section 65, the Supreme Court may, on the application of a person who has sustained, or is likely to sustain, loss or damage by conduct of another person that contravened a provision of Part 3, 4, 5, 5B, 5C, 5D or 8 or on the application of the Director-General in accordance with subsection (4) on behalf of such a person or 2 or more such persons, 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 specified in subsection (5)) if the Court considers that the order or orders concerned will compensate the person who made the application, or the person or any of the persons on whose behalf the application was made, wholly or in part for the loss or damage or will prevent or reduce the loss or damage.
(TPA s 87A) (1) Where:
(a) proceedings have been commenced in the Supreme Court against a person for an offence against this Act, or (b) an application has been made under section 65 or 66 for an injunction against a person in relation to a contravention of a provision of this Act, or (b1) an application for an order under section 66B has been made in relation to a person, or (c) an action has been commenced under section 68 (1) against a person in relation to a contravention of a provision of this Act, or (d) an application for an order under section 72 (2) or (4) has been or may be made against a person in relation to a contravention of a provision of this Act, the Court may, on the application of the Minister or the Director-General, make an order or orders specified in subsection (2) if the Court is satisfied that:
(e) it is necessary or desirable to do so for the purpose of preserving money or other property held by or on behalf of a person referred to in paragraph (a), (b), (b1), (c) or (d), as the case may be (in this section referred to as the relevant person ), if the relevant person is liable or may become liable under this Act to pay money by way of a fine, damages, compensation, refund or otherwise or to transfer, sell or return other property, and(f) it will not unduly prejudice the rights and interests of any other person. (2) The orders referred to in subsection (1) are:
(a) an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the relevant person or to an associate of the relevant person from making a payment in total or partial discharge of the debt to, or to another person at the direction or request of, the person to whom the debt is owed, (b) an order prohibiting, either absolutely or subject to conditions, a person who is holding money or other property on behalf of the relevant person or on behalf of an associate of the relevant person from paying all or any of the money, or transferring, or otherwise parting with possession of, the other property, to, or to another person at the direction or request of, the person on whose behalf the money or other property is held, (c) an order prohibiting, either absolutely or subject to conditions, the taking or sending by any person of money of the relevant person or of an associate of the relevant person to a place outside the State, (d) an order prohibiting, either absolutely or subject to conditions, the taking, sending or transfer by any person of other property of the relevant person or of an associate of the relevant person to a place outside the State, and (e) an order appointing, where the relevant person is a natural person, a receiver or trustee of the property or of part of the property of the relevant person with such powers as are specified in the order.
(TPA ss 87B and 87C)
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
(Section 24)
(Sections 25B, 25E, 25H, 25K, 25N)
(Section 91)