Document ID: chunk:federal_register_of_legislation:C2025C00134:section:218
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 218
Character Range: 825624–826600

218  Recovery of profits, and compensation for loss, resulting from contravention
 (1) If a civil penalty provision in relation to a superannuation entity is contravened by a person other than a trustee of the entity, a trustee of the entity may, by proceedings in a court of competent jurisdiction, recover from the person, as a debt due to the trustee:
 (a) if that or another person has made a profit because of the act or omission constituting the contravention—an amount equal to the amount of that profit; and
 (b) if the entity has suffered loss or damage as a result of that act or omission—an amount equal to the amount of that loss or damage;
whether or not:
 (c) the first‑mentioned person has been convicted of an offence in relation to the contravention; or
 (d) a civil penalty order has been made against the first‑mentioned person in relation to the contravention.
 (2) Proceedings under this section may only be begun within 6 years after the contravention.