AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 46 Additional remedy for contraventions of section 45
AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 46
Additional remedy for contraventions of section 45(1) A natural person who has experienced humiliation or distress due to a course of conduct of another person in contravention of section 45 with respect to a consumer debt may apply to a court or VCAT for an order that the person engaging in that conduct, or a person involved in that conduct, pay damages of up to $10 000 (or another prescribed amount).
(2) In subsection (1)—
"course of conduct" means conduct that occurs on at least 2 occasions;
person involved has the meaning given by section 197.
(3) Subsection (1)—
(a) applies in addition to any other available remedy;
(b) is not intended to affect any other available remedy.
(4) Clauses 28BB and 28GG of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 do not apply in a proceeding where damages are sought under this section.
(5) Part VBA of the Wrongs Act 1958 does not apply to a claim under this section.