Fair Trading Act 2010

Where it appears to the Commissioner that a person has carried on business in contravention of a prescribed code of practice applicable to that person, the Commissioner may apply to the State Administrative Tribunal for an order under this section.

Where, on the application of the Commissioner, the State Administrative Tribunal is satisfied that a person has carried on business in contravention of a prescribed code of practice applicable to that person, the Tribunal may make either or both of the following orders —

an order that the person cease contravening the code;

an order that the person rectify any consequence of that contravention.

The State Administrative Tribunal may make an order under subsection (2) in relation to a person with that person’s consent, without being satisfied that there are grounds for making the order.

Where the contravention is by a body corporate, and the Tribunal is satisfied that it occurred with the consent or connivance of a person who, at the time of the contravention, was a director of the body corporate or a person concerned in its management, the Tribunal may make the following additional orders —

an order prohibiting the person from continuing to consent to, or connive at, the contravention;

an order prohibiting the person from consenting to, or conniving at, a similar contravention by any other body corporate of which the person is a director or in whose management the person is concerned.

An order under this section may be made subject to any conditions (whether as to the duration of the order or otherwise) the State Administrative Tribunal thinks fit, including —

conditions relating to the future conduct of the person affected; and

conditions specifying the action to be taken by the person to rectify the consequences of the contravention that is the subject of the order.

A person who fails to comply with an order of the State Administrative Tribunal under this section commits an offence.