Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p23
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 108309–111151

compensation that a court makes under section 1317HA or 1317HB may be enforced as if it were a judgment of the court.

Recovery of profits, and compensation for loss, resulting from contravention

"1317HD.(1) Where a person contravenes a civil penalty provision in relation to a corporation, the corporation may, by proceedings in a court of competent jurisdiction, recover from the person, as a debt due to the corporation:

  (a) if that or another person has made a profit because of the act

     or omission constituting the contravention—an amount equal to the amount of that profit; and

    (b) if the corporation has suffered loss or damage as a result of that act or omission—an amount equal to the amount of that loss or damage;

whether or not:

    (c)     the first-mentioned person has been convicted of an offence in relation to the contravention; or

    (d)     a civil penalty order has been made against the first-mentioned person in relation to the contravention.

"(2) Proceedings under this section may only be begun within 6 years after the contravention.

Effect of sections 1317HA, 1317HB and 1317HD

  "1317HE. Sections 1317HA, 1317HB and 1317HD:

    (a)     have effect in addition to, and not in derogation of, any rule of law about the duty or liability of a person because of the person's office or employment in relation to a corporation; and

    (b)     do not prevent proceedings from being instituted in respect of a breach of such a duty or in respect of such a liability.

Certificates evidencing contravention

  "1317HF. For the purposes of this Part, a certificate that:

    (a)     purports to be signed by the Registrar or other proper officer of an Australian court; and

  (b)     states:

         (i) that that court has declared that a specified person has, by a specified act or omission, contravened a specified civil penalty provision in relation to a specified corporation; or

         (ii) that a specified person was convicted by that court of an offence constituted by a specified contravention of a civil penalty provision in relation to a specified corporation; or

         (iii) that a specified person charged before that court with such an offence was found in that court to have committed the offence but that the court did not proceed to convict the person of the offence;

is, unless it is proved that the declaration, conviction or finding was set aside, quashed or reversed, conclusive evidence:

    (c)     that the declaration was made, that the person was convicted of the offence, or that the person was so found, as the case may be; and

  (d)     that the person committed the contravention.

"Division 6—Miscellaneous

Relief from liability for contravention of civil penalty provision

  "1317JA.(1) In this section:

'eligible proceedings' means proceedings for a