Document ID: chunk:federal_register_of_legislation:C2005C00504:clause:3_12je
Version: federal_register_of_legislation:C2005C00504
Segment Type: clause
Provision Reference: sch 3 cl 12JE
Character Range: 67303–68424

12JE  Concurrent operation of securities provisions

 (1) Subject to this section, this Subdivision is not intended to exclude the concurrent operation of the securities provisions.

 (2) A person is not entitled to institute a proceeding under the applied law in respect of loss or damage arising out of a contravention of the applied law if:
 (a) the person has recovered in respect of the loss or damage in an action brought under the securities provisions; or
 (b) the person has brought proceedings under the securities provisions to recover in respect of the loss or damage, but judgment has been entered for the defendant in those proceedings.

 (3) A person is not entitled to institute a proceeding under the securities provisions in respect of loss or damage arising out of a contravention of the securities provisions if:
 (a) the person has recovered in respect of the loss or damage in an action brought under the applied law; or
 (b) the person has brought proceedings under the applied law to recover in respect of the loss or damage, but judgment has been entered for the defendant in those proceedings.