Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Without limiting section 44, if, in proceedings started under, or for an offence against, this part, the Magistrates Court finds that a person who is a party to the proceedings has suffered, or is likely to suffer loss or damage by conduct of another person that was engaged in in contravention of a provision of part 2, the court may, whether or not it grants an injunction under section 44 or makes an order under section 45 or section 46, make the orders it considers 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 (7)) if the court considers that the order or orders concerned will compensate the aggrieved person in whole or in part for the loss or damage or will prevent or reduce the loss or damage.
(2) Without limiting section 44, the Magistrates Court may, 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 a provision of part 2 or on the application of the commissioner in accordance with subsection (3) on behalf of such a person or 2 or more such persons, make the order or orders the court considers 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 (7)) 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, in whole or in part for the loss or damage, or will prevent or reduce the loss or damage suffered, or likely to be suffered, by such a person.
(3) If, in proceedings started for an offence against section 41 or started by the commissioner or the Minister under section 44, a person is found to have engaged in conduct in contravention of part 2, the commissioner may make an application under subsection (2) on behalf of 1 or more people identified in the application who have suffered, or are likely to suffer, loss or damage by the conduct but the commissioner must not make such an application except with the written consent given before the application is made by the person, or by each of the people, on whose behalf the application is made.
(4) An application may be made under subsection (2) in relation to a contravention of part 2 even though proceedings have not been started under another provision of this part in relation to that contravention.
(5) For the purpose of deciding whether to make an order under this section in relation to a contravention of section 13, the Magistrates Court may have regard to the conduct of parties to the proceedings since the contravention occurred.
(6) The Magistrates Court must not make an order under this section in relation to a contravention of section 13 in relation to a contract of insurance to which the Insurance Contracts Act 1984 (Cwlth) applies.
(7) The orders referred to in subsections (1) and (2) are—
(a) an order declaring the whole or any part of a contract made between the person who suffered, or is likely to suffer, the loss or damage and the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct, or of a collateral arrangement relating to such a contract, to be void and, if the Magistrates Court considers appropriate, to have been void ab initio or at all times on and after the date before the date when the order is made that is stated in the order; and
(b) an order varying such a contract or arrangement in the way stated in the order and, if the court considers appropriate, declaring the contract or arrangement to have had effect as so varied on and after such date before the date when the order is made as is so stated; and
(c) an order refusing to enforce any or all of the provisions of such a contract; and
(d) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct to refund money or return property to the person who suffered the loss or damage; and
(e) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct to pay to the person who suffered the loss or damage the amount of the loss or damage; and
(f) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct, at his or her own expense, to repair, or provide parts for, goods that have been supplied by the person who engaged in the conduct to the person who suffered, or is likely to suffer, the loss or damage; and
(g) an order directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct, at his or her own expense, to supply stated services to the person who suffered, or is likely to suffer, the loss or damage; and
(h) an order, in relation to an instrument creating or transferring an interest in land, directing the person who engaged in the conduct or a person who was involved in the contravention constituted by the conduct to execute an instrument that—
(i) varies, or has the effect of varying, the firstmentioned instrument; or
(ii) terminates or otherwise affects, or has the effect of terminating or otherwise affecting, the operation or effect of the firstmentioned instrument.
(8) The powers conferred on the Magistrates Court under this section in relation to a contract or covenant do not affect any powers that any other court may have in relation to the contract or covenant in proceedings started in that other court in relation to the contract or covenant.