Victorian Current Acts

COMMERCIAL PASSENGER VEHICLE INDUSTRY ACT 2017 - SECT 108

    (1)     VCAT, in a proceeding under this Subdivision, may by order do one or more of the following—

        (a)     determine the terms of any condition of a driver agreement;

        (b)     require a party to pay money, by way of restitution or compensation or otherwise, to a specified person;

        (c)     vary any condition of a driver agreement, other than one implied under section 97;

        (d)     declare that a condition of a driver agreement (other than one implied under section 97) is of effect or is of no effect;

        (e)     require the refund of any money paid under a driver agreement or under a driver agreement condition that is of no effect;

S. 108(1)(i) renumbered as s. 108(1)(f) by No. 7/2019 s. 43(1).

        (f)     require anything else to be done that it is empowered to require to be done under this Subdivision or the Victorian Civil and Administrative Tribunal Act 1998 .

    (2)     In addition, VCAT may—

        (a)     make an order in the nature of an order for specific performance of a driver agreement; or

        (b)     order rescission of a driver agreement; or

        (c)     order rectification of a driver agreement.

    (3)     In ordering the payment of a sum of money by a party, VCAT may order the payment of interest on that sum by the party—

        (a)     at the rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 ; or

        (b)     at any lesser rate it thinks appropriate.

S. 109 inserted by No. 63/2017 s. 18.