58FZONon-punitive orders

58FZO 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.