Document ID: chunk:federal_register_of_legislation:C2005A00104:clause:3a_45
Version: federal_register_of_legislation:C2005A00104
Segment Type: clause
Provision Reference: sch 3A cl 45
Character Range: 39274–40655

45  Person may claim damages

 (1) A person who suffers, directly or indirectly, loss or damage:
 (a) because a submarine cable in a protection zone is damaged by conduct of another person; or
 (b) because another person engages in conduct that is prohibited in a protection zone; or
 (c) because another person engages in conduct that contravenes a restriction imposed on an activity in a protection zone;
may recover the amount of the loss or damage:
 (d) against that other person; or
 (e) against any person involved in the contravention (whether or not a person is convicted of an offence in respect of the contravention).

 (2) An action under subclause (1) may be commenced at any time within 6 years after the day on which the cause of action that relates to the conduct accrued.

 (3) A reference in subclause (1) to a person who is involved in a contravention is a reference to a person who has:
 (a) aided, abetted, counselled or procured the contravention; or
 (b) induced, whether by threats or promises or otherwise, the contravention; or
 (c) been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or
 (d) conspired with others to effect the contravention.

 (4) Jurisdiction is conferred on the Federal Court in any matter arising under this clause in respect of which a civil proceeding is instituted under this clause.