Document ID: chunk:federal_register_of_legislation:C2008A00022:clause:1_531l
Version: federal_register_of_legislation:C2008A00022
Segment Type: clause
Provision Reference: sch 1 cl 531L
Character Range: 30538–32447

531L  Compensation of carrier for loss or damage

 (1) If:
 (a) protected carrier information was given to an authorised information officer by a carrier; and
 (b) the Federal Court is satisfied that an entrusted company officer of a company has contravened subsection 531K(1) or (3) in relation to the information; and
 (c) the Court is satisfied that the carrier has suffered loss or damage as a result of the contravention; and
 (d) the Court is satisfied that the company expressly, tacitly or impliedly authorised or permitted the contravention;
the Court may, on the application of the carrier, make an order that the Court considers appropriate directing the company to compensate the carrier.

 (2) An application under subsection (1) may be made at any time within 6 years after the contravention occurred.

 (3) If:
 (a) protected carrier information was given to an authorised information officer by a carrier; and
 (b) the Federal Court is satisfied that an entrusted company officer of a company has contravened subsection 531K(1) or (3) in relation to the information; and
 (c) the Court is satisfied that the carrier has suffered loss or damage as a result of the contravention; and
 (d) the Court is satisfied that:
 (i) the entrusted company officer was an employee or agent of the company; and
 (ii) the entrusted company officer's conduct was within the entrusted company officer's actual or apparent authority as an employee or agent of the company;
the Court may, on the application of the carrier, make an order that the Court considers appropriate directing the company to compensate the carrier.

 (4) An application under subsection (3) may be made at any time within 6 years after the contravention occurred.

 (5) Compensation is not payable to a company under both:
 (a) subsection (1); and
 (b) subsection (3);
in respect of the same contravention of subsection 531K(1) or (3).