VICIn ForceAct
Essential Services Commission Act 2001
54HCompensation and other orders
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54H Compensation and other orders
(1) If a court makes a contravention order against a regulated entity, the court may make any order it considers fair in relation to the regulated entity if it is satisfied that another person (the ***injured person***) has suffered or may suffer loss or damage as a result of the contravention.
(2) Without limiting subsection (1), the orders that may be made under this section include—
(a) an order that the whole or any part of a contract between the regulated entity and the injured person who is affected by the contravention or any agreement collateral to such a contract is void on and from the time specified in the order; or
(b) an order that the contract or agreement is varied in the manner specified in the order and may specify in the order that the variation takes effect from the time specified in the order; or
(c) an order that all or any of the provisions in the contract are to be enforced or are not to be enforced; or
(d) an order that the regulated entity refund to the injured person money paid by the injured person under the contract or agreement; or
(e) an order that the regulated entity pay the amount of any loss or damage suffered by the injured person as a result of the contravention to the injured person.
(3) In making an order under this section, the court may specify the period within which specified actions must be taken and may impose any other requirement that the court considers necessary or expedient to make the order effective.
(4) This section does not limit a court's powers under any other provision of this Act.