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COMPETITION AND CONSUMER ACT 2010 - SECT 86C

Non-punitive orders

             (1)  The Court may, on application by the Commission, make one or more of the orders mentioned in subsection (2) in relation to a person who has engaged in contravening conduct.

          (1A)  The Court may, on application by the Director of Public Prosecutions, make one or more of the orders mentioned in subsection (2) in relation to a person who has engaged in contravening conduct that is:

                     (a)  a contravention of section 44ZZRF or 44ZZRG; or

                     (b)  an involvement in a contravention of section 44ZZRF or 44ZZRG.

             (2)  The orders that the Court may make in relation to the person are:

                     (a)  except in the case of contravening conduct that relates to section 60C or 60K--a community service order; and

                     (b)  except in the case of contravening conduct that relates to section 60C or 60K--a probation order for a period of no longer than 3 years; and

                     (c)  an order requiring the person to disclose, in the way and to the persons specified in the order, such information as is so specified, being information that the person has possession of or access to; and

                     (d)  an order requiring the person to publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order.

             (3)  This section does not limit the Court's powers under any other provision of this Act.

             (4)  In this section:

"community service order " , in relation to a person who has engaged in contravening conduct, means an order directing the person to perform a service that:

                     (a)  is specified in the order; and

                     (b)  relates to the conduct;

for the benefit of the community or a section of the community.

Example:    The following are examples of community service orders:

(a)    an order requiring a person who has made false representations to make available a training video which explains advertising obligations under this Act; and

(b)    an order requiring a person who has engaged in misleading or deceptive conduct in relation to a product to carry out a community awareness program to address the needs of consumers when purchasing the product.

"contravening conduct " means conduct that:

                     (a)  contravenes Part IV or IVB or section 55B, 60C, 60K or 95AZN; or

                     (b)  constitutes an involvement in a contravention of any of those provisions.

"probation order " , in relation to a person who has engaged in contravening conduct, means an order that is made by the Court for the purpose of ensuring that the person does not engage in the contravening conduct, similar conduct or related conduct during the period of the order, and includes:

                     (a)  an order directing the person to establish a compliance program for employees or other persons involved in the person's business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the contravening conduct, similar conduct or related conduct; and

                     (b)  an order directing the person to establish an education and training program for employees or other persons involved in the person's business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the contravening conduct, similar conduct or related conduct; and

                     (c)  an order directing the person to revise the internal operations of the person's business which lead to the person engaging in the contravening conduct.



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