South Australian Numbered Acts South Australian Numbered Acts44—Insertion of Part 6 Divisions A1 and A2
Part 6—before Division 1 insert:
Division A1—Warning notices and assurances
61A—Warning notices and assurances
(1) If it appears to
the Commission that a person has been guilty of a contravention of Part 3, the
Commission may issue a warning notice to the person, warning the person that
it will be prosecuted for the contravention unless—
(a) if
the contravention is capable of being rectified, the person takes action
specified in the notice to rectify the contravention within the period
specified in the notice; and
(b) the
person gives the Commission an assurance, in the terms specified in the
notice, and within the period specified in the notice, that the person will
avoid a future such contravention.
(2) If it appears to
the Technical Regulator that a person has been guilty of a contravention of
Part 5, the Technical Regulator may issue a warning notice to the person,
warning the person that it will be prosecuted for the contravention
unless—
(a) if
the contravention is capable of being rectified, the person takes action
specified in the notice to rectify the contravention within the period
specified in the notice; and
(b) the
person gives the Technical Regulator an assurance, in the terms specified in
the notice, and within the period specified in the notice, that the person
will avoid a future such contravention.
(3) A warning notice
issued under this section, and an assurance given under this section, must be
in writing.
(4) The action that
may be specified in a warning notice to rectify a contravention may include
action to remedy adverse consequences of the contravention, for example
(without limitation)—
(a) the
refunding of an amount wrongly paid to the person as a result of the
contravention; or
(b) the
payment of compensation to a person who has suffered loss, damage or injury as
a result of the contravention; or
(c) the
disclosure of information; or
(d) the
publication of advertisements relating to the contravention or relating to
action to rectify or remedy the contravention.
(5) The Commission or
the Technical Regulator may, by written notice to a person, vary a warning
notice issued to the person.
(6) If the Commission
or the Technical Regulator issues a warning notice to a person, the Commission
or the Technical Regulator must not proceed against the person in respect of
the contravention to which the notice relates, unless the person—
(a)
fails to take action specified in the notice to rectify the contravention
within the period specified in the notice; or
(b)
fails to give the Commission or the Technical Regulator, as the case requires,
an assurance in the terms specified in the notice within the period specified
in the notice; or
(c)
contravenes an assurance given by the person in response to the notice.
61B—Register of warning notices and assurances
(1) The Commission
must keep a register of warning notices issued by the Commission under this
Division, and a register of assurances given to the Commission under this
Division.
(2) The
Technical Regulator must keep a register of warning notices issued by the
Technical Regulator under this Division, and a register of assurances given to
the Technical Regulator under this Division.
(3) A person may,
without payment of a fee, inspect a register kept under this section.
Division A2—Injunctions
61C—Injunctions
(1) If the District
Court is satisfied, on the application of the Minister, the Commission, the
Technical Regulator or any other person, that a person has engaged or proposes
to engage in conduct that constitutes or would constitute a contravention of
this Act, the Court may grant an injunction in such terms as the Court
determines to be appropriate.
(2) If the District
Court is satisfied, on the application of the Minister, the Commission, or the
Technical Regulator, that a person has engaged in conduct constituting a
contravention of this Act, the Court may grant an injunction requiring that
person to take specified action to remedy any adverse consequence of that
conduct.
(3) The action that
may be required by an injunction to remedy adverse consequences of conduct
constituting a contravention may include (without limitation)—
(a) the
refunding of an amount wrongly paid as a result of the contravention; or
(b) the
payment of compensation to a person who has suffered loss, damage or injury as
a result of the contravention; or
(c) the
disclosure of information; or
(d) the
publication of advertisements relating to the contravention or relating to
action to rectify or remedy the contravention.
(4) An injunction may
be granted by the District Court under this section—
(a) in
proceedings in which the Court convicts a person of an offence to which the
application relates; or
(b) in
proceedings brought before the Court for the purpose of obtaining the
injunction.
(5) The power of the
District Court to grant an injunction restraining a person from engaging in
conduct may be exercised—
(a)
whether or not it appears to the Court that the person intends to engage
again, or to continue to engage, in conduct of that kind; and
(b)
whether or not the person has previously engaged in conduct of that kind; and
(c)
whether or not there is an imminent danger of substantial damage to any other
person if the person engages in conduct of that kind.
(6) The power of the
District Court to grant an injunction requiring a person to do an act or thing
may be exercised—
(a)
whether or not it appears to the Court that the person intends to refuse or
fail again, or to continue to refuse or fail, to do that act or thing; and
(b)
whether or not the person has previously refused or failed to do that act or
thing; and
(c)
whether or not there is an imminent danger of substantial damage to any other
person if the person refuses or fails to do that act or thing.
(7) An interim
injunction may be granted under this section pending final determination of
the application.
(8) A final injunction
may, by consent of the parties, be granted under this section without proof
that proper grounds for the injunction exist.
(9) Where the
Minister, the Commission or the Technical Regulator applies for an injunction
under this section, no undertaking as to damages will be required.
(10) The Minister may
give an undertaking as to damages or costs on behalf of some other applicant
and, in that event, no further undertaking will be required.
(11) An injunction
under this section may be rescinded or varied at any time.