Enforcement of statutory guarantees

 

Injunctions. Section 232 empowers a court to issue an order called an 'injunction' to prevent a threatened or continuing contravention of a provision of Chapter 2, 3 or 4 of the ACL.

Compensation orders. A court is empowered by s 237 and 238 to order the payment of compensation to a person who has suffered, or is likely to suffer, loss or damage as a result of a contravention of a provision of Chapters 2, 3 or 4, or because of an unfair term in a consumer contract.

Damages. Section 236 empowers a court to award damages to compensate a claimant for loss or damage suffered as a result of a contravention of a provision of Chapter 2 or 3 of the ACL.

Non-punitive orders. Section 246 empowers the court to issue a variety of 'non-punitive' orders for a contravention of a provision of Chapters 2, 3 or 4. These orders are not intended to punish the person against whom they are made, but are aimed at putting right the situation that has resulted from the breach of the ACL. The non-punitive orders include: directing the performance of a service for the benefit of the community; the establishment of a compliance program, education or training program to ensure that no further breaches occur; the disclosure to particular persons of information specified by the court; and the publication of an advertisement in specified terms.

Other orders. When a compensation order is made, s 243 empowers a court to make a variety of other orders to provide relief to a person who has suffered, or is likely to suffer, loss or damage as a result of a contravention of a provision of Chapters 2, 3 or 4, or because of an unfair term in a consumer contract. These orders include: declaring a contract or arrangement void in whole or in part; varying the terms of a contract or arrangement; refusing to enforce any part of a contract or arrangement; ordering the refund of money; ordering payment of damages; ordering the person who breached the ACL to pay for repairs, the supply of spare parts or the supply of specific services; and varying or reversing a transfer of land.