216Orders against persons found to have contravened this Act

216 Orders against persons found to have contravened this Act (1) In any proceedings for an offence against, or a contravention of, this Act, the court may make any order it considers fair if the court finds that— S. 216(1)(a) amended by No. 23/2016 s. 19(1). (a) the person against whom the proceedings were brought has contravened a provision of this Act; and (b) another person (***the injured person***) has suffered or may suffer loss or damage as a result of the contravention of this Act. (2) Without limiting subsection (1), the orders that may be made under this section include— S. 216(2)(a) amended by No. 23/2016 s. 19(2). (a) an order that the whole or any part of a contract between the person against whom the proceedings were brought and the injured person which is affected by the contravention or any agreement collateral to such a contract is void on and from the time specified in the order; or (b) an order that the contract or agreement is varied in the manner specified in the order and may specify in the order that the variation takes effect from the time specified in the order; or (c) an order that all or any of the provisions in the contract are not to be enforced; or S. 216(2)(d) amended by No. 23/2016 s. 19(2). (d) an order that the person against whom the proceedings were brought— (i) refund to the injured person money paid by that person under the contract or agreement; or (ii) return to the injured person property transferred by the injured person under the contract or agreement; or S. 216(2)(e) amended by No. 23/2016 s. 19(2). (e) an order that the person against whom the proceedings were brought pay the amount of any loss or damage suffered by the injured person as a result of the breach to the injured person; or S. 216(2)(f) amended by No. 23/2016 s. 19(2). (f) an order that the person against whom the proceedings were brought repair or provide parts for goods provided under the contract or agreement to the injured person; or S. 216(2)(g) amended by No. 23/2016 s. 19(2). (g) an order that the person against whom the proceedings were brought supply services required to be supplied under the contract or agreement to the injured person; or S. 216(2)(h) amended by No. 23/2016 s. 19(2). (h) an order declaring that the person against whom the proceedings were brought has contravened a provision of this Act or the regulations. S. 216(3) amended by No. 23/2016 s. 19(3). (3) In any proceedings under section 201 or 217, if the court or VCAT finds that— (a) a party to the proceedings has contravened the provisions of this Act; and (b) that another person has suffered or is likely to suffer loss or damage as a result of that contravention— the court or VCAT may make any order against the party to the proceedings that might be made under subsection (1). (4) The court may also make an order under this section against a person involved in a contravention of a provision of this Act. S. 216A inserted by No. 23/2016 s. 20.