Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.5 - COMPENSATION REGIMES FOR FINANCIAL MARKETS  

Division 4 - NGF Compensation regime  

Subdivision 4.7 - Unauthorised transfer  

REGULATION 7.5.58   DISCRETIONARY FURTHER COMPENSATION TO TRANSFEROR  

7.5.58(1)   [ Determination as to further compensation]  

If:

(a) the SEGC allows a claim made under regulation 7.5.54 ; and

(b) the SEGC is satisfied that the supply of securities, or the payment of money, or both, as the case requires, to the claimant under regulation 7.5.57 will not adequately compensate the claimant for a pecuniary or other gain that the claimant might, if the claimant had continued to hold the transferred securities, have made but did not in fact make;

the SEGC may determine in writing that there be paid to the claimant in respect of that gain a specified amount that the SEGC considers to be fair and reasonable in all the circumstances.

7.5.58(2)   [ Obligation to make payment]  

If a determination is made under subregulation (1), the SEGC must pay to the claimant the amount specified in the determination.