Section 58FA — Competition and Consumer Act 2010 (Cth)

The Commission, in its role as the SPF general regulator or an SPF sector regulator, may use its powers under this Act (including section 155) to monitor and investigate compliance with the aspects of the Scams Prevention Framework that are relevant for that role.

If the ACMA or ASIC is an SPF sector regulator, it must use powers in its own legislation to monitor and investigate compliance with an SPF code for the sector. Other SPF sector regulators may monitor and investigate compliance with an SPF code either using the powers in Subdivision B or, with the Minister’s permission, powers in their own legislation.

The maximum penalties for contraventions of the civil penalty provisions of the Scams Prevention Framework are set out in Subdivision C.

Other remedies for contraventions of the Framework are set out in later Subdivisions of this Division, and include:

(a) infringement notices; and

(b) enforceable undertakings; and

(c) injunctions; and

(d) actions for damages; and

(e) public warning notices; and

(f) remedial directions; and

(g) adverse publicity orders; and

(h) other punitive and non‑punitive orders.

Some of these remedies may also be available against a person involved in a contravention of the Framework by a regulated entity, such as a senior officer of the regulated entity (for example, see subsection 58FW(1)).

Note: Sections 58GA to 58GC extend the meaning of person for partnerships, unincorporated associations and trusts.

Related sections

• s 58EH — Regard must be had to the object of this Part when considering whether to make such a disclosure
• s 58EI — Notice need not be given of a collection, use or disclosure of information or documents under this Part
• s 58EJ — Information that need not be disclosed
• s 58FB — Appointment of inspectors
• s 58FC — Multiple remedies can be sought for a single contravention
• s 58FD — Preference must be given to compensation for victims

Research how courts apply s 58FA

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.