Document ID: chunk:federal_register_of_legislation:C2025C00134:section:215
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 215
Character Range: 823027–824234

215  On application for civil penalty order, Court may order compensation
 (1) If, on an application for a civil penalty order against a person in relation to a contravention, the Court is satisfied that:
 (a) the person committed the contravention; and
 (b) the superannuation entity in relation to which the contravention was committed has suffered loss or damage as a result of the act or omission constituting the contravention;
the Court may (whether or not it makes an order under subsection 196(3)) order the person to pay to a trustee of the entity or, if the person is a trustee of the entity, to pay to the entity compensation of such amount as the order specifies.
 (2) A trustee of a superannuation entity may intervene in an application for a civil penalty order against a person in relation to a contravention, unless the application was made under Division 4.
 (3) A trustee of a superannuation entity that so intervenes is entitled to be heard:
 (a) only if the Court is satisfied that the person committed the contravention in relation to that entity; and
 (b) only on the question whether the Court should order the person to pay compensation to the trustee because of the contravention.