Sch 2 s 246Non-punitive orders

246 Non‑punitive orders

(1) A court may, on application of the regulator, make one or more of the orders mentioned in subsection (2) in relation to a person who has engaged in conduct that:

(a) contravenes a provision of Chapter 2, 3 or 4; or

(b) constitutes an involvement in a contravention of such a provision.

(2) The court may make the following orders in relation to the person who has engaged in the conduct:

(a) an order directing the person to perform a service that is specified in the order, and that relates to the conduct, for the benefit of the community or a section of the community;

(aa) an order requiring the person, at the person’s expense, to engage:

(i) another person specified in the order; or

(ii) another person in a class of persons specified in the order;

to perform a service that is specified in the order and that relates to the conduct, for the benefit of the community or a section of the community;

(b) an order for the purpose of ensuring that the person does not engage in the conduct, similar conduct, or related conduct, during the period of the order (which must not be longer than 3 years) including:

(i) an order directing the person to establish a compliance program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to such conduct; and

(ii) an order directing the person to establish an education and training program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to such conduct; and

(iii) an order directing the person to revise the internal operations of the person’s business which led to the person engaging in such conduct;

(c) an order requiring the person to disclose, in the way and to the persons specified in the order, such information as is so specified, being 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 the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order.

Note: The following are examples of orders that the court may make under subsection (2)(a):

(a) an order requiring a person who has made false representations to make available a training video which explains advertising obligations under this Schedule;

(b) an order requiring a person who has engaged in misleading or deceptive conduct in relation to a product to carry out a community awareness program to address the needs of consumers when purchasing the product.