Document ID: chunk:federal_register_of_legislation:C2004C01110:clause:4_35:p2
Version: federal_register_of_legislation:C2004C01110
Segment Type: clause
Provision Reference: sch 4 cl 35 (pt 2/2)
Character Range: 116986–117868

is satisfied that:
 (a) a person has engaged in conduct constituting a contravention of subclause 34(1); and
 (b) a member of the company has suffered, or is likely to suffer, loss or damage because of that conduct;
the Court may make the orders that it thinks are appropriate to compensate the member (in whole or in part) or to prevent or reduce the loss or damage, including:
 (c) an order directing the person or a person who was involved in the contravention to refund money or return property to the member
 (d) an order directing the person or a person who was involved in the contravention to pay to the member the amount of the loss or damage
 (e) an order listed in paragraph (1)(d).

 (3) An application for an order under this clause may be made by ASIC or a member of the company.

Part 6—Continued application of fundraising provisions of the Friendly Societies Code