Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 49

49. After section 80 of the Principal Act the following section is inserted:-
Order to disclose information or publish advertisement.
''80A. (1) Where on the application of the Minister or the Commission, the
Court is satisfied that a person has engaged in conduct constituting a
contravention of a provision of Part V, the Court may make either or both of
the following orders:-

   (a)  an order requiring that person or a person involved in the
        contravention to disclose to the public, to a particular person or to
        persons included in a particular class of persons, in such manner as
        is specified in the order, such information, or information of such a
        kind, as is so specified, being information that is in the possession
        of the person to whom the order is directed or to which that
        last-mentioned person has access;

   (b)  an order requiring that person or a person involved in the
        contravention to publish, at his own expense, in a manner and at times
        specified in the order, advertisments the terms of which are specified
        in, or are to be determined in accordance with, the order.

''(2) Where, on an application made under sub-section (1), the Court is
satisfied that a contravention of a provision of Part V has been committed,
the Court shall not, in respect of that contravention, make an order or orders
under sub-section (1) that the Court considers would, or would be likely to,
require the expenditure by the person or persons to whom the order or orders
is or are directed of an amount that exceeds, or of amounts that, in the
aggregate, exceed, $50,000.

''(3) Where, on an application made under sub-section (1), the Court is
satisfied that a person has committed, or been involved in, two or more
contraventions of the same provision of Part V, being contraventions that
appear to the Court to have been of the same nature or a substantially similar
nature and to have occurred at or about the same time (whether or not the
person has also committed, or been involved in, another contravention or other
contraventions of that provision that was or were of a different nature or
occurred at a different time), the Court shall not, in respect of the
first-mentioned contraventions, make an order or orders under sub-section (1)
that the Court considers would, or would be likely to, require the expenditure
by the person or persons to whom the order or orders is or are directed of an
amount that exceeds, or of amounts that, in the aggregate, exceed, $50,000.

''(4) Where-

   (a)  on an application made under sub-section (1), the Court is satisfied
        that a person has committed, or been involved in, a contravention or
        contraventions of a provision of Part V; and

   (b)  an order has, or orders have, previously been made under subsection
        (1) against the person who committed, or against a person who was
        involved in, that contravention or those contraventions in respect of
        another contravention or other contraventions of the same provision,
        being a contravention which, or contraventions each of which, appears
        to the Court to have been of the same nature as, or of a substantially
        similar nature to, and to have occurred at or about the same time as,
        the first- mentioned contravention or contraventions (whether or not
        an order has, or orders have, also previously been made under
        sub-section (1) against any of those persons in respect of another
        contravention or other contraventions of that provision that was or
        were of a different nature or occurred at a different time), the Court
        shall not, in respect of the contravention or contraventions mentioned
        in paragraph (a), make an order or orders under sub-section (1) that
        the Court considers would be likely to require the expenditure by the
        person or persons to whom the order or orders is or are directed of an
        amount that exceeds, or of amounts that, in the aggregate, exceed, the
        amount (if any) by which $50,000 is greater than the amount, or the
        sum of the amounts, that has or have been, or that the Court considers
        would be or be likely to be, expended in accordance with the previous
        order or previous orders first mentioned in paragraph (b).''.