Determining whether to make an order
100ZC Determining whether to make an order
In determining whether to make an order against a person referred to in subsection 100ZB(1), a court may have regard to the conduct of:
the person; and
the non‑parties;
in relation to the contravening conduct, since the contravention occurred.
In determining whether to make an order under subsection 100ZB(1), a court need not make a finding about either of the following matters:
which persons are non‑parties in relation to the contravening conduct;
the nature of the loss or damage suffered, or likely to be suffered, by such persons.
When a non‑party is bound by an order etc.
If:
an order is made under subsection 100ZB(1) against a person; and
the loss or damage suffered, or likely to be suffered, by a non‑party in relation to the contravening conduct to which the order relates has been redressed, prevented or reduced in accordance with the order; and
the non‑party has accepted the redress, prevention or reduction;
then:
the non‑party is bound by the order; and
any other order made under subsection 100ZB(1) that relates to that loss or damage has no effect in relation to the non‑party; and
despite any other provision of this Act or any other law of the Commonwealth, or a State or Territory, no claim, action or demand may be made or taken against the person by the non‑party in relation to that loss or damage.
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