Sch 2 s 240Determining whether to make a redress order etc. for non-parties

240 Determining whether to make a redress order etc. for non‑parties

(1) In determining whether to make an order under section 239(1) against a person referred to in section 239(2)(a), the court may have regard to the conduct of the person, and of the non‑parties in relation to the contravening conduct, since the contravention occurred.

(2) In determining whether to make an order under section 239(1) against a person referred to in section 239(2)(b), the court may have regard to the conduct of the person, and of the non‑parties in relation to the declared term, since the declaration was made.

(3) In determining whether to make an order under section 239(1), the court need not make a finding about either of the following matters:

(a) which persons are non‑parties in relation to the contravening conduct or declared term;

(b) the nature of the loss or damage suffered, or likely to be suffered, by such persons.