DO NOT CALL REGISTER ACT 2006 - SECT 30 Ancillary orders--compensation
DO NOT CALL REGISTER ACT 2006 - SECT 30
Ancillary orders--compensation(a) in one or more proceedings under section 24, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that a person (the perpetrator ) has contravened one or more civil penalty provisions; and
(b) the court is satisfied that another person (the victim ) has suffered loss or damage as a result of any or all of those contraventions;
the court may, on the application of the ACMA or the victim, make an order that the court considers appropriate directing the perpetrator to compensate the victim.
(2) In determining whether a person (the victim ) has suffered loss or damage as a result of one or more contraventions by another person of section 11 in relation to the making of one or more telemarketing calls, and in assessing the amount of compensation payable, the court may have regard to the following:
(a) the extent to which any expenses incurred by the victim are attributable to dealing with the calls;
(b) the effect of dealing with the calls on the victim's ability to carry on business or other activities;
(c) any damage to the reputation of the victim's business that is attributable to dealing with the calls;
(d) any loss of business opportunities suffered by the victim as a result of dealing with the calls;
(e) any other matters that the court considers relevant.
(2A) In determining whether a person (the victim ) has suffered loss or damage as a result of one or more contraventions by another person of section 12B in relation to the sending of one or more marketing faxes, and in assessing the amount of compensation payable, the court may have regard to the following:
(a) the extent to which any expenses incurred by the victim are attributable to dealing with the faxes;
(b) the effect of dealing with the faxes on the victim's ability to carry on business or other activities;
(c) any damage to the reputation of the victim's business that is attributable to dealing with the faxes;
(d) any loss of business opportunities suffered by the victim as a result of dealing with the faxes;
(e) any other matters that the court considers relevant.
(3) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may make an order under subsection ( 1), whether or not it makes a civil penalty order.
(4) An application under subsection ( 1) may be made at
any time within 6 years after the contravention concerned.