Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 28

Restraint of unjust conduct

28. Restraint of unjust conduct



(1) If, on the application of the Director, the Tribunal is satisfied after
inquiry that a person who carries on business as a travel agent has repeatedly
engaged in unjust conduct, the Tribunal may order the person to refrain from
engaging in unjust conduct in the course of carrying on that business as a
travel agent.

(2) A person to whom an order is given under subsection (1) must comply with
the order.

Penalty: 50 penalty units.

(3) If, on the application of the Director, the Tribunal is satisfied that a
person has failed to observe an undertaking given by the person under
section 146 of the Fair Trading Act 1999, the Tribunal may make an order under
subsection (1) against the person.

(4) If the Director applies under subsection (1) or (3) for an order under
subsection (1) against a body corporate and the Tribunal is satisfied that the
unjust conduct or breach of undertaking to which the application relates was
engaged in with the consent or connivance of a person who, at the time of the
conduct or breach, was a director of, or a person concerned in the management
of, the body corporate, the Tribunal may, in addition to any order it may make
under this section, make an order prohibiting the person from consenting to,
or conniving at, engagement in unjust conduct, or a breach of an undertaking
under section 146 of the Fair Trading Act 1999, by the body corporate or any
other body corporate of which the person is a director or in the management of
which the person is concerned.

(5) A person to whom an order under subsection (4) relates must comply with
the order.

Penalty: 50 penalty units.

(6) An order under this section may be made subject to such conditions
(whether as to the duration of the order or otherwise) as the Tribunal thinks
fit, including conditions as to the future conduct of the licensee and
conditions specifying the action to be taken by the licensee to rectify the
consequences of the licensee's unjust conduct.