Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1022b:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1022B (pt 3/5)
Character Range: 4540024–4542922

or
 (e) if paragraph (1)(e) applies—because of the contravention referred to in that paragraph; or
 (f) if paragraph (1)(f) or (g) apply—because of any of the circumstances mentioned in those paragraphs;
the person may recover the amount of the loss or damage by action against the, or a, liable person (see subsections (3) to (5)), whether or not that person (or anyone else) has been convicted of an offence in respect of the matter referred to in paragraph (a), (aa), (ab), (ac), (b), (c), (d), (e) or (f).
 (3) For the purposes of subsection (2), the, or a, liable person is:
 (a) if paragraph (1)(a), (aa), (ab), (ac) or (b) applies—subject to subsection (4), the person first‑referred to in that paragraph; or
 (aa) if paragraph (1)(c) applies and the disclosure document or statement is information required by paragraph 1012G(3)(a)—subject to subsection (5A), the person first‑referred to in paragraph (1)(c) of this section; or
 (b) if paragraph (1)(c) (other than subparagraph (1)(c)(ia) or (ib)) applies and the disclosure document or statement is not information required by paragraph 1012G(3)(a)—subject to subsection (5):
 (i) the person by whom, or on whose behalf, the disclosure document or statement was prepared; and
 (ii) each other person involved in the preparation of the disclosure document or statement who, directly or indirectly, caused the disclosure document or statement to be defective or contributed to it being defective; or
 (ba) if subparagraph (1)(c)(ia) or (ib) applies—the person who made the offer; or
 (c) if paragraph (1)(d) applies—the person who gave the consent; or
 (d) if paragraph (1)(e) applies—the person who contravened the provision concerned; or
 (e) if paragraph (1)(f) applies—the trustee, or the trustees, of the regulated superannuation fund on whose website the information was required to be made publicly available; or
 (f) if paragraph (1)(g) applies—the trustee, or the trustees, of the registrable superannuation entity on whose website the information was required to be made publicly available.
 (4) If paragraph (1)(a) or (b) applies, or paragraph (1)(c) applies so far as it relates to information required by paragraph 1012G(3)(a), and the person who would, but for this subsection, be the liable person is an authorised representative, the authorised representative is not the liable person and the following paragraphs apply:
 (a) if the authorised representative is an authorised representative of only one financial services licensee—that financial services licensee is the liable person;
 (b) if the authorised representative is an authorised representative of more than one financial services licensee:
 (i) if, under the rules in section 917C, one of those licensees is responsible for the person's conduct—that licensee is the (or a) liable person; or
 (ii) if, under the rules in section 917C, 2 or more of those licensees