Competition and Consumer Act - Australia

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of the High Court under section 75 of the Constitution.

      86AA Limit on jurisdiction of Federal Magistrates Court

      If proceedings under section 82 are instituted in, or transferred to, the Federal Magistrates Court, the Federal Magistrates Court does not have jurisdiction to award an amount for loss or damage that exceeds:

      (a) $750,000; or

      (b) if another amount is specified in the regulations — that other amount.

      Note: For transfers from the Federal Court to the Federal Magistrates Court, see section 32AB of the Federal Court of Australia Act 1976. For transfers from the Federal Magistrates Court to the Federal Court, see section 39 of the Federal Magistrates Act 1999.

      86A Transfer of matters

      (1) Where:

      (a) a civil proceeding instituted (whether before or after the commencement of this section) by a person other than the Minister or the Commission is pending in the Federal Court; and

      (b) a matter for determination in the proceeding arose under Part IVB;

      the Federal Court may, subject to subsection (2), upon the application of a party or of the Federal Court’s own motion, transfer to a court of a State or Territory the matter referred to in paragraph (b) and may also transfer to that court any other matter for determination in the proceeding.

      (2) The Federal Court shall not transfer a matter to another court under subsection (1) unless the other court has power to grant the remedies sought before the Federal Court in the matter and it appears to the Federal Court that:

      (a) the matter arises out of or is related to a proceeding that is pending in the other court; or

      (b) it is otherwise in the interests of justice that the matter be determined by the other court.

      (3) Where the Federal Court transfers a matter to another court under subsection (1):

      (a) further proceedings in the matter shall be as directed by the other court; and

      (b) the judgment of the other court in the matter is enforceable throughout Australia and the external Territories as if it were a judgment of the Federal Court.

      86C Non-punitive orders

      (1) The Court may, on application by the Commission, make one or more of the orders mentioned in subsection (2) in relation to a person who has engaged in contravening conduct.

      (1A) The Court may, on application by the Director of Public Prosecutions, make one or more of the orders mentioned in subsection (2) in relation to a person who has engaged in contravening conduct that is:

      (a) a contravention of section 44ZZRF or 44ZZRG; or

      (b) an involvement in a contravention of section 44ZZRF or 44ZZRG.

      (2) The orders that the Court may make in relation to the person are:

      (a) a community service order; and

      (b) a probation order for a period of no longer than 3 years; and

      (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; and

      (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.

      (3) This section does not limit the Court’s powers under any other provision of this Act.

      (4) In this section:

      community service order, in relation to a person who has engaged in contravening conduct, means an order directing the person to perform a service that:

      (a) is specified in the order; and

      (b) relates to the conduct;

      for the benefit of the community or a section of the community.

      Example: The following are examples of community service orders:

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

      (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.

      contravening conduct means conduct that:

      (a) contravenes Part IV or IVB or section 95AZN; or

      (b) constitutes an involvement in a contravention of any of those provisions.

      probation order, in relation to a person who has engaged in contravening conduct, means an order that is made by the Court for the purpose of ensuring that the person does not engage in the contravening conduct, similar conduct or related conduct during the period of the order, and includes:

      (a) 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 the contravening conduct, similar conduct or related conduct; and

      (b) 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 the contravening conduct, similar conduct or related conduct; and

      (c) an order directing the person to revise the internal operations of the person’s business which lead to the person engaging in the contravening conduct.

      86D Punitive orders — adverse publicity

      (1) The Court may, on application by the Commission, make an adverse publicity order in relation to a person who:

      (a) has been ordered to pay a pecuniary penalty under section 76; or

      (b) is guilty of an offence against section 44ZZRF or 44ZZRG.

      (1A) The Court may, on application by the Director of Public Prosecutions, make an adverse publicity order in relation to a person who is guilty of an offence against section 44ZZRF or 44ZZRG.

      (2) In this section, an adverse publicity order, in relation to a person, means an order that:

      (a) requires 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; and

      (b) requires 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.

      (3) This section does not limit the Court’s powers under any other provision of this Act.

      86E Order disqualifying a person from managing corporations

      (1) On application by the Commission, the Court may make an order disqualifying a person from managing corporations for a period that the Court considers appropriate if:

      (a) the Court is satisfied that the person has contravened, has attempted to contravene or has been involved in a contravention of Part IV; and

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