South Australian Consolidated Acts South Australian Consolidated Acts18—Relief against civil consequences of non-compliance with this Act
(1) If a person has
made, or stands to make, a loss in consequence of contravention of or
non-compliance with a provision of this Act, the person may apply to the
Magistrates Court for relief against the consequences of that contravention or
non-compliance.
(2) An application may
be made under subsection (1) in respect of a series of acts or omissions
of a similar character.
(3) If, on an
application under subsection (1), the Magistrates Court is satisfied that
the contravention or failure to comply with this Act was not, in the
circumstances of the case, such as to warrant the consequences prescribed by
this Act, it may grant relief against those consequences to such extent as may
be just.
(4) In determining
whether it should make an order for relief against the consequences of
contravention of, or non-compliance with, a provision of this Act and, if so,
the terms on which relief should be granted, the Magistrates Court is to have
regard to—
(a) the
gravity of the contravention or non-compliance; and
(b) the
conduct of the applicant in relation to the transaction to which the
application relates; and
(c) any
prejudice that may result from the making of the order.
(5) An order for
relief against the consequences of contravention of, or failure to comply
with, a provision of this Act may be made on such conditions as the
Magistrates Court considers just.
(6) The Commissioner,
and any person whose interests would be affected by an order under this
section, may appear and be heard in proceedings under this section.
(7) Relief may be
granted against the consequences of contravention of, or non-compliance with,
a provision of this Act whether the contravention or non-compliance occurred
before or after the commencement of this section.
(8) An order under
this section has effect in accordance with its terms despite any other
provision of this Act.
(9) Nothing in this
section authorises the Magistrates Court to grant relief against any criminal
liability or criminal penalty.