Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p22
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 105742–108560

Appeals under this Division

"1317GL. For the purposes of an appeal or review under subsection 1317GE(2), 1317GF(6), 1317GG(4) or 1317GH(5), a law about appeals or review has effect with such modifications as the circumstances require.

"Division 5—Compensation for loss suffered by corporation

On application for civil penalty order, Court may order compensation

"1317HA.(1) Where, on an application for a civil penalty order against a person in relation to a contravention, the Court is satisfied that:

  (a)     the person committed the contravention; and

    (b)     the corporation in relation to which the contravention was committed has suffered loss or damage as a result of the act or omission constituting the contravention;

the Court may (whether or not it makes an order under subsection 1317EA(3)) order the person to pay to the corporation compensation of such amount as the order specifies.

"(2) A corporation may intervene in an application for a civil penalty order against a person in relation to a contravention, unless the application was made under Division 4.

  "(3) A corporation that so intervenes is entitled to be heard:

    (a)     only if the Court is satisfied that the person committed the contravention in relation to that corporation; and

    (b)     only on the question whether the Court should order the person to pay compensation to the corporation because of the contravention.

Criminal court may order compensation

  "1317HB.(1) If:

    (a)     a court finds a person guilty of an offence constituted by a contravention of a civil penalty provision in relation to a corporation; and

    (b)     the court is satisfied that the corporation has suffered loss or damage as a result of the act or omission constituting the contravention;

the court may (whether or not it imposes a penalty) order the person to pay to the corporation compensation 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) If:

    (a)     a court declares under Division 4 that a person has, by an act or omission, contravened a civil penalty provision in relation to a corporation; and

    (b)     the court is satisfied that the corporation has suffered loss or damage as a result of that act or omission;

the court may (whether or not it makes an order under subsection 1317EA(3)) order the person to pay to the corporation compensation of such amount as the order specifies.

Enforcement of order under section 1317HA or 1317HB

"1317HC. An order to pay compensation that a court makes under section 1317HA or 1317HB may be enforced as if it were a judgment of the court.

Recovery of profits, and compensation for loss, resulting from contravention

"1317HD.(1) Where a person contravenes a civil penalty