Document ID: chunk:federal_register_of_legislation:C2024C00687:section:73
Version: federal_register_of_legislation:C2024C00687
Segment Type: section
Provision Reference: s 73
Character Range: 82901–84259

73  Actions for loss or damage
 (1) A person who suffers loss or damage because another person contravenes, or was involved in contravening, a provision of this Act may bring an action in a court of competent jurisdiction to recover the amount of the loss or damage from the other person. This is so even if the other person did not commit an offence (if the contravention is also an offence) or a civil penalty order has not been made against the person (if the provision is a civil penalty provision).
 (2) An action mentioned in subsection (1) may be brought by the Chief of the Defence Force on behalf of the person who suffers the loss or damage.
 (3) An action under subsection (1) may only be begun within 4 years after the day on which the cause of action arose.
 (4) This section does not affect any right or liability that a person has under any other law.
 (5) For the purposes of this section, a person is involved in a contravention if, and only if, the person has:
 (a) aided, abetted, counselled or procured the contravention; or
 (b) has induced, whether by threats or promises or otherwise, the contravention; or
 (c) has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or
 (d) has conspired with others to effect the contravention.

Division 2—Orders that courts may make