South Australian Numbered Acts South Australian Numbered Acts32—Insertion of sections 61A and 61B
After section 61 insert:
61A—Proceedings for declaration that a person is in breach of a conduct provision
(1) The Court may make an order, on application by a person other than the AER, declaring that another person is in breach of a conduct provision.
(2) If the order declares a person to be in breach of a conduct provision, the order may include one or more of the following:
(a) an order that the person in breach cease, within a specified period, the act, activity or practice constituting the breach;
(b) an order that the person in breach take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;
(c) an order that the person in breach implement a specified program for compliance with this Law, the Regulations and the Rules;
(d) an order of a kind prescribed by the Regulations.
(3) If a person has engaged, or is engaging or proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction—
(a) restraining the first mentioned person from engaging in the conduct; and
(b) if, in the Court's opinion, it is desirable to do so—requiring the first mentioned person to do something.
(4) The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—
(a) if the Court is satisfied that the person has engaged in conduct of that kind—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; or
(b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
61B—Actions for damages by persons for breach of conduct provisions
A person other than the AER who suffers loss or damage by conduct of another person that was done in breach of a conduct provision may recover the amount of the loss or damage by action against that other person in a court of competent jurisdiction.