Document ID: chunk:federal_register_of_legislation:C2004A00932:clause:1_44
Version: federal_register_of_legislation:C2004A00932
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 27646–28309

44  Damages

 (1) If the AOC or a licensed user suffers loss or damage as a result of anything done by a person in contravention of section 36, the amount of the loss or damage may be recovered by action in a prescribed court.

 (2) The action must be brought within 3 years after the day on which the contravention occurred.

 (3) The grant of an injunction under section 41 does not prevent the recovery of loss or damages under this section.

 (4) The AOC or a licensed user is not entitled to both:
 (a) the recovery of loss or damages under this section; and
 (b) an account of profits under section 45;
in respect of the same contravention of section 36.