Document ID: chunk:federal_register_of_legislation:C2025C00134:section:68:p2
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 68 (pt 2/2)
Character Range: 464113–465622

to prove the defendant's reason for the alleged action; and
 (b) it is a defence if the defendant proves that the action was not motivated (whether in whole or in part) by the alleged reason.

Obligations
 (6) A reference in this section to an obligation imposed on a trustee or a responsible officer is a reference to an obligation imposed on the trustee or officer by this Act, the regulations or the prudential standards, by the governing rules of the entity concerned or otherwise.

Powers
 (7) A reference in this section to the powers of a trustee or a responsible officer is a reference to the powers conferred on the trustee or the officer by this Act, the regulations or the prudential standards, by the governing rules of the entity concerned or otherwise.

Civil liability
 (8) If:
 (a) a person (the defendant) commits an act of victimisation against:
 (i) a trustee of an employer‑sponsored fund; or
 (ii) a responsible officer of a corporate trustee of an employer‑sponsored fund; and
 (b) the trustee or officer suffers loss or damage because of the act of victimisation;
the trustee or officer may recover the amount of the loss or damage by action against the defendant.

Special meaning of employee and employer
 (9) The meaning of the expressions employee and employer, when used in this section, is to be determined as if subsections 12(3) and (8) of the Superannuation Guarantee (Administration) Act 1992 had not been enacted. (Those subsections deem certain contractors to be employees.)