46Additional remedy for contraventions of section 45

46 Additional remedy for contraventions of section 45 (1) A natural person who has experienced humiliation or distress due to a course of conduct of another person in contravention of section 45 with respect to a consumer debt may apply to a court or VCAT for an order that the person engaging in that conduct, or a person involved in that conduct, pay damages of up to $10 000 (or another prescribed amount). (2) In subsection (1)— ***course of conduct*** means conduct that occurs on at least 2 occasions; ***person involved*** has the meaning given by section 197. (3) Subsection (1)— (a) applies in addition to any other available remedy; (b) is not intended to affect any other available remedy. (4) Clauses 28BB and 28GG of Schedule 1 to the **Victorian Civil and Administrative Tribunal Act 1998** do not apply in a proceeding where damages are sought under this section. (5) Part VBA of the **Wrongs Act 1958** does not apply to a claim under this section.