Document ID: chunk:federal_register_of_legislation:C2025C00185:section:437e
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 437E
Character Range: 1516910–1517941

437E  Order for compensation where officer involved in void transaction
 (1) Where:
 (a) a court finds a person guilty of an offence constituted by a contravention of subsection 437D(5) (including such an offence that is taken to have been committed because of section 11.2 of the Criminal Code); and
 (b) the court is satisfied that the company or another person has suffered loss or damage because of the act or omission constituting the offence;
the court may (whether or not it imposes a penalty) order the first‑mentioned person to pay compensation to the company or other person, as the case may be, of such amount as the order specifies.
Note: Section 73A defines when a court is taken to find a person guilty of an offence.
 (2) An order under subsection (1) may be enforced as if it were a judgment of the court.
 (3) The power of a court under section 1318 to relieve a person from liability as mentioned in that section extends to relieving a person from liability to be ordered under this section to pay compensation.