New South Wales Consolidated Acts

MOTOR VEHICLE REPAIRS ACT 1980 - SECT 49

49 Restraint of unjust conduct

(1) If, on the application of the Authority, the Tribunal is satisfied after inquiry that a repairer has repeatedly engaged in unjust conduct, the Tribunal may order the repairer to refrain from engaging in unjust conduct in the course of carrying on the business.

(2) If, on the application of the Authority, the Tribunal is satisfied that a repairer has failed to observe an undertaking given by the repairer in a deed executed under this Part, the Tribunal may:

(a) order the repairer to refrain from engaging in unjust conduct in the course of carrying on the business, and

(b) in the case of an undertaking relating to action to rectify the consequences of the repairer’s unjust conduct, order the repairer to observe the undertaking within the time specified by the Tribunal in the order.

(3) In the case of an application relating to a repairer that is a body corporate, the Tribunal may make an order prohibiting a person from consenting to, or conniving at, engagement in unjust conduct, or a breach of an undertaking under this Part by the body corporate or any other body corporate if it is satisfied that:

(a) the person was, when the relevant unjust conduct or breach of undertaking occurred, a director or a person concerned in the direction, management or conduct of the body corporate, and

(b) the relevant conduct or breach was engaged in with the consent or connivance of the person.

(4) An order under this section may be subject to such conditions as the Tribunal thinks fit.

(5) Without limiting subsection (4), the Tribunal may impose conditions of the following kinds:

(a) conditions as to the duration of the order,

(b) conditions as to the future conduct of the person subject to the order,

(c) conditions specifying the action to be taken by the repairer to rectify the consequences of the repairer’s unjust conduct.

(6) A person must not contravene an order made under this section.

Maximum penalty: 20 penalty units.