Independent Competition and Regulatory Commission Act 1997

The commission may apply to the court for an order under subsection (3) (an enforcement order) in relation to an alleged contravention of a civil penalty provision by a person.

The commission must make the application within 6 years of the alleged contravention.

If the court is satisfied the person has contravened the civil penalty provision, it may make 1 or more of the following orders:

an order that the person pay the Territory a civil penalty for the contravention decided in accordance with section 54N;

an order that the person stop engaging in the conduct constituting the contravention within a stated period;

an order that the person take stated action to remedy the contravention or prevent the contravention from recurring;

an order that the person implement a stated program for compliance with civil penalty provisions;

an order that the person perform a stated service relating to the contravention for the benefit of the community or a part of the community;

an order that the person engage a person or kind of person to perform a service mentioned in paragraph (e);

an order to ensure that the person does not engage in conduct constituting the contravention, or similar or related conduct, for up to 3 years, including—

an order that the person set up a compliance or education and training program for employees or other people involved in the person’s business, that is designed to ensure their awareness of the responsibilities and obligations in relation to the conduct; or

an order that the person revise the internal operations of their business that led to the contravention;

an order that the person—

disclose stated information to which the person has access in a stated way to stated people; and

publish an advertisement in a stated way and in terms stated in, or determined in accordance with, the order;

an order prescribed by regulation.

A civil penalty payable under subsection (3) (a) is a debt payable to the Territory.

Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

An order under subsection (3) (f) is not enforceable against the person engaged to perform the service.