FAIR TRADING ACT 2010 - SECT 48

FAIR TRADING ACT 2010 - SECT 48

48 .         Commissioner may take or defend, or assume the conduct or defence of, proceedings relating to contravention of code of practice

        (1)         This section applies where —

            (a)         a person (other than a body corporate) has made a complaint to the Commissioner in respect of a matter arising under a code of practice or in relation to a contravention or suspected contravention of a code of practice; and

            (b)         the Commissioner, after investigating the complaint, is satisfied —

                  (i)         that the complainant may, with respect to the matter, have a right to take proceedings before a court or the State Administrative Tribunal, or a defence to proceedings taken before a court or the State Administrative Tribunal by another person against the complainant in respect of the matter; and

                  (ii)         that it is in the public interest that —

                        (I)         the Commissioner take or, as the case requires, defend those proceedings on behalf of the complainant; or

        (II)         if proceedings are already being taken or defended by the complainant with respect to the matter — the Commissioner assume the conduct or defence of those proceedings on behalf of the complainant.

        (2)         If this section applies, the Commissioner may take, defend or assume the conduct or defence of those proceedings on behalf of, and in the name of, the complainant.

        (3)         The Commissioner must not take, defend or assume the conduct or defence of any proceedings under this section without first obtaining —

            (a)         the written consent of the complainant, which once given cannot be revoked unless the Commissioner consents to the revocation; and

            (b)         the written consent of the Minister, which may be given subject to any conditions the Minister thinks fit.

        [Section 48 amended: No. 11 of 2013 s. 9.]