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TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 55

Other orders
55. Section 87 of the Principal Act is amended-

   (a)  by omitting sub-section (1A) and substituting the following
        sub-sections:

"(1A) Without limiting the generality of section 80, the Court may, on the
application of a person who has suffered, or is likely to suffer, loss or
damage by conduct of another person that was engaged in (whether before or
after the commencement of this sub-section) in contravention of a provision of
Part V or on the application of the Commission in accordance with sub-section
(1B) on behalf of such a person or 2 or more such persons, make such order or
orders as the Court thinks appropriate against the person who engaged in the
conduct or a person who was involved in the contravention (including all or
any of the orders mentioned in sub-section (2)) if the Court considers that
the order or orders concerned will compensate the person who made the
application, or the person or any of the persons on whose behalf the
application was made, in whole or in part for the loss or damage, or will
prevent or reduce the loss or damage suffered, or likely to be suffered, by
such a person.

"(1B) Where, in a proceeding instituted for an offence against section 79 or
instituted by the Commission or the Minister under section 80, a person is
found to have engaged (whether before or after the commencement of this
sub-section) in conduct in contravention of a provision of Part V, the
Commission may make an application under sub-section (1A) on behalf of one or
more persons identified in the application who have suffered, or are likely to
suffer, loss or damage by the conduct, but the Commission shall not make such
an application except with the consent in writing given before the application
is made by the person, or by each of the persons, on whose behalf the
application is made.

"(1C) An application under this section in relation to a contravention of
section 52A may be made at any time within 2 years after the alleged
contravention occurred.

"(1D) For the purpose of determining whether to make an order under this
section in relation to a contravention of section 52A, the Court may have
regard to the conduct of parties to the proceeding since the contravention
occurred.

"(1E) The Court shall not make an order under this section in relation to a
contravention of section 52A in relation to a contract of insurance to which
the Insurance Contracts Act 1984 applies.";

   (b)  by inserting after paragraph (2) (b) the following paragraph:

"(ba) an order refusing to enforce any or all of the provisions of such a
contract;";

   (c)  by omitting from paragraph (2) (e) "and";

   (d)  by adding at the end of sub-section (2) the following word and
        paragraph:

"; and (g) an order, in relation to an instrument creating or transferring an
interest in land, directing the person who engaged in the conduct or a person
who was involved in the contravention constituted by the conduct to execute an
instrument that-

        (i)    varies, or has the effect of varying, the first-mentioned
               instrument; or

        (ii)   terminates or otherwise affects, or has the effect of
               terminating or otherwise affecting, the operation or effect of
               the first-mentioned instrument."; and

   (e)  by adding at the end the following sub-section:

"(6) In sub-section (2), 'interest', in relation to land, has the same meaning
as in section 53A.". 


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