17Orders relating to prohibited conduct

17 Orders relating to prohibited conduct

17 Orders relating to prohibited conduct

(1) The Supreme Court may, on the application of the Monitor, make an order requiring a respondent to pay to the State an amount not exceeding the maximum amount.

(2) The Court must not make an order against a respondent under this section if satisfied—

(a) the conduct to which the order relates is false or misleading conduct in relation to the emergency services funding reform, and

(b) the conduct was due to—

(i) a reasonable mistake, or

(ii) a reasonable reliance on information supplied by another person, other than—

(A) an employee or agent of the respondent, or

(B) if the respondent is a body corporate—a director or other person concerned in the management of the body corporate, or

(iii) causes over which the respondent had no control and the respondent took reasonable precautions and exercised due diligence to prevent the conduct.

(3) The Court must not make an order against a respondent under this section if satisfied—

(a) the conduct to which the order relates is false or misleading conduct, in relation to the emergency services funding reform, involving the publication of an advertisement, and

(b) the respondent is a person whose business is to publish, or arrange for the publication of, advertisements, and

(c) the respondent engaged in the conduct for another person in the ordinary course of the business, and

(d) the respondent does not have a commercial relationship with the other person, other than for the purpose of—

(i) publishing, or arranging for the publication of, advertisements promoting, or apparently intended to promote, the other person’s business or other activities, or

(ii) the other person supplying insurance to the respondent.

(4) Without limiting the matters to which the Court may have regard in determining whether to make an order under this section, the Court may have regard to guidelines issued under section 20.