South Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 37

37—Powers of District Court

        (1)         The District Court may, upon the application of the Commissioner, make such orders against a reporting agency or trader as may be necessary or expedient in the opinion of the Court to ensure that the reporting agency or trader complies with this Part or any provision of this Part.

        (2)         Where a reporting agency or trader

            (a)         commits an offence against this Part; or

            (b)         does any act that, in the opinion of the District Court, shows the agency or trader to be unfit to provide prescribed reports,

the Court may, on the application of the Commissioner, make an order—

            (c)         prohibiting the agency or trader from providing prescribed reports; or

            (d)         requiring the agency or trader to comply with conditions specified in the order in relation to the provision of prescribed reports.

        (3)         An order under subsection (1) or (2) is effective for such period as may be specified in the order or until further order of the Court.

        (4)         A reporting agency or trader that contravenes, or fails to comply with, an order under subsection (1) or (2) is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.



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