Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_1041i
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 1041I
Character Range: 699798–700917

1041I  Civil action for loss or damage for contravention of sections 1041E to 1041H

 (1) A person who suffers loss or damage by conduct of another person that was engaged in in contravention of section 1041E, 1041F, 1041G or 1041H may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention, whether or not that other person or any person involved in the contravention has been convicted of an offence in respect of the contravention.

 (2) An action under subsection (1) may be begun at any time within 6 years after the day on which the cause of action arose.

 (3) This section does not affect any liability that a person has under any other law.

 (4) Section 1317S (which provides for relief from liability) applies in relation to liability under subsection (1) as if:
 (a) the sections referred to in subsection (1) were civil penalty provisions; and
 (b) proceedings under subsection (1) were eligible proceedings.

Note: Relief from liability under this section may also be available (depending on the circumstances) under Division 4.