National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-2 - POWER OF THE COURT TO GRANT REMEDIES  

Division 2 - Power of the court to grant remedies  

SECTION 178   COMPENSATION ORDERS  
Court may order person to pay compensation

178(1)    
The court may order a person (the defendant ) to compensate another person (the plaintiff ) for loss or damage suffered by the plaintiff if:

(a) the defendant has contravened a civil penalty provision or has committed an offence against this Act (other than the National Credit Code); and

(b) the loss or damage resulted from the contravention or commission of the offence.

The order must specify the amount of compensation.

Note:

An order may be made under this subsection whether or not a declaration of contravention has been made under section 166 .

When order may be made

178(2)    
The court may make the order only if:

(a) the plaintiff or ASIC (on behalf of the plaintiff) applies for an order under this section; and

(b) the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued.

Applications for order

178(3)    
For the purposes of paragraph (2)(a), ASIC may make an application on behalf of the plaintiff, but only if the plaintiff has given consent in writing before the application is made.

Recovery of compensation as a debt

178(4)    
If the court makes the order, the amount of compensation specified in the order that is to be paid to the plaintiff may be recovered as a debt due to the plaintiff.