THE CORPORATIONS LAW

CHAPTER 7 - SECURITIES

PART 7.10 - THE NATIONAL GUARANTEE FUND

Division 7 - Unauthorised transfer

SECTION 961   DISCRETIONARY FURTHER COMPENSATION TO TRANSFEROR  

961(1)  [Further compensation]  

If SEGC allows a claim made under section 957 and the Board is satisfied that the supply of securities, or the payment of money, or both, as the case requires, to the claimant in accordance with section 960 will not adequately compensate the claimant in respect of 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 Board may determine in writing that there be paid to the claimant in respect of that gain a specified amount that the Board considers to be fair and reasonable in all the circumstances.

961(2)  [SEGC to pay further compensation]  

If a determination is made under subsection (1), SEGC shall pay to the claimant the amount specified in it.