Document ID: chunk:federal_register_of_legislation:C2004A04777:front:0:p11
Version: federal_register_of_legislation:C2004A04777
Segment Type: other
Provision Reference: 
Character Range: 26464–29105

of subsection (1), a notice under subsection (4) applies to a claim if the claim is in respect of a contravention of the SCH certificate cancellation provisions, by the dealer named in the notice, during the applicable period specified in the notice.

"(3) A claim that is not served on SEGC by the time required by paragraph (1)(b) is barred unless the Board otherwise determines.

"(4) SEGC may publish, in each State and Territory in a daily newspaper circulating in that State or Territory, a notice that:

  (a) is in the prescribed form; and

  (b) names a particular dealer; and

    (c) requires that all claims in respect of contraventions of the SCH certificate cancellation provisions, by the named dealer, during a period (the 'applicable period') specified in the notice in accordance with subsection (5) must be served on SEGC before the day (the 'last application day') specified in the notice in accordance with subsection (6).

  "(5) The applicable period must be a period that starts and ends before:

    (a) if each publication of the notice occurs on the same day—the day on which the notice is published; or

SCHEDULE 2—continued

  (b) in any other case—the first day on which the notice is published.

  "(6) The last application day must be at least 3 months after:

     (a) if each publication of the notice occurs on the same day—the day on which the notice is published; or

  (b) in any other case—the last day on which the notice is published.

"(7) SEGC, a member of the Board and any employee of, or person acting on behalf of, SEGC each have qualified privilege in respect of the publication of a notice under subsection (4).

How claim is to be satisfied

"961F.(1) Subject to section 961H, SEGC must allow a claim if the Board is satisfied that the claimant is entitled to make the claim.

"(2)  If SEGC allows the claim, it must pay to the claimant the amount that, when the claim is allowed, is the actual pecuniary loss suffered by the claimant because of the contravention in respect of which the claim was made.

"(3) For the purposes of subsection (2), the actual pecuniary loss suffered by the claimant does not include any loss in respect of an unauthorised execution (within the meaning of section 956) in respect of which the claimant has made, or is entitled to make, a claim under Division 7.

Discretionary further compensation

  "961G.(1) If:

  (a) SEGC allows a claim; and

    (b) the Board is satisfied that the payment of money to the claimant under section 961F will not adequately compensate the claimant for a pecuniary or other gain that the claimant did not make, but might have