Document ID: chunk:federal_register_of_legislation:C2010C00492:clause:1_1317hb
Version: federal_register_of_legislation:C2010C00492
Segment Type: clause
Provision Reference: sch 1 cl 1317HB
Character Range: 14312–15600

1317HB  Compensation orders—market integrity rules

Compensation for damage suffered

 (1) A Court may order a person (the liable person) to compensate another person (including a corporation), or a registered scheme, for damage suffered by the person or scheme if:
 (a) the liable person has contravened subsection 798H(1) (complying with market integrity rules); and
 (b) the damage resulted from the contravention.
The order must specify the amount of compensation.

Note: An order may be made under this subsection whether or not a declaration of contravention has been made under section 1317E.

 (2) Subsection (1) does not apply in relation to a contravention by the operator of a licensed market acting in that capacity.

Damage includes profits

 (3) In determining the damage suffered by a person or scheme for the purposes of making a compensation order, include profits made by any person resulting from the contravention.

Damage to scheme includes diminution of value of scheme property

 (4) In determining the damage suffered by a registered scheme for the purposes of making a compensation order, include any diminution in the value of the property of the scheme.

Recovery of damage

 (5) A compensation order may be enforced as if it were a judgment of the Court.