Section 58FZO — Competition and Consumer Act 2010: Non-punitive orders

Making non-punitive orders (1) The Court may, on application, make one or more of the following orders in relation to a person who has engaged in conduct contravening an SPF principle or a provision of an SPF code: (a) a community service order; (b) a probation order for a period of no longer than 3 years; (c) an order requiring the person to disclose, in the way and to the persons specified in the order, specified information that the person has possession of or access to; (d) an order requiring the person to publish, at the person’s expense and in a specified way, an advertisement in the terms specified in, or determined in accordance with, the order. Applying for non-punitive orders (2) An application for such an order may be made by: (a) for conduct contravening an SPF principle—the SPF general regulator; or (b) for conduct contravening a provision of the SPF code for a regulated sector—the SPF sector regulator for the sector. Definitions (3) For the purposes of this section, a probation order is an order made to ensure that a person does not engage in: (a) the conduct that resulted in the order; or (b) similar conduct or related conduct; during the period of the order. (4) Without limiting subsection (3), a probation order includes: (a) an order directing a person to establish a compliance program, or an education and training program, that: (i) is for employees or other persons involved in the person’s business; and (ii) is designed to ensure awareness of responsibilities and obligations relating to conduct covered by paragraph (3)(a) or (b); and (b) an order directing a person to revise the internal operations of the person’s business that lead to conduct covered by paragraph (3)(a) or (b). (5) In this section: community service order means an order directing a person to perform a service that: (a) is specified in the order; and (b) is or relates to the conduct that resulted in the order; for the benefit of the community or a section of the community. contravening: conduct contravening an SPF principle or a provision of an SPF code includes conduct that constitutes being involved in such a contravention. Note: For the meaning of involved, see subsection 4(1). Court, in relation to a matter, means any court having jurisdiction in the matter.