Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

I am advised, Senator Xenophon, that consumers will be able to access compensatory orders for loss or damage suffered as a result of a business relying on an unfair contract term. Schedule 2 item 59 in the bill provides that section 87 of the Trade Practices Act applies to a business’s use of an unfair contract term. Schedule 3 item 42 provides the same for section 12 GM of the Australian Securities and Investments Commission Act 2001. Compensatory orders made under section 87 of the TPA allow compensation for actual loss or damage as well as for likely loss or damage. Damages under section 82 only apply to actual loss or damage.