Document ID: chunk:federal_register_of_legislation:C2025C00134:section:216
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 216
Character Range: 824234–825442

216  Criminal court may order compensation
 (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 superannuation entity; and
 (b) the court is satisfied that the superannuation entity 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 a trustee of the entity or, if the person is a trustee of the entity, to pay to the entity compensation of such amount as the order specifies.
Note: Section 195 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 superannuation entity; and
 (b) the court is satisfied that the superannuation entity 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 196(3)) order the person to pay to a trustee of the entity or, if the person is a trustee of the entity, to pay to the entity compensation of such amount as the order specifies.