Document ID: chunk:federal_register_of_legislation:C2024C00345:section:307
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 307
Character Range: 478131–479430

307  Compensation orders

Compensation for damage suffered—contravention of Part 2 of Chapter 9
 (1) The Federal Court may order a person to compensate an organisation for damage suffered by the organisation if:
 (a) the person has contravened a civil penalty provision in Part 2 of Chapter 9 in relation to the organisation; and
 (b) the damage resulted from the contravention.
The order must specify the amount of the compensation.

Compensation for damage suffered—contravention of Part 3 of Chapter 9
 (1A) The Federal Court may order a person to compensate an organisation for damage suffered by the organisation if:
 (a) the person has contravened a civil penalty provision in Part 3 of Chapter 9 in relation to the organisation; and
 (b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and
 (c) the damage resulted from the contravention.
The order must specify the amount of the compensation.

Damage includes profits
 (2) In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.

Recovery of damage
 (3) A compensation order may be enforced as if it were a judgment of the Court.