Retirement Savings Accounts Act 1997

PART 4 - OPERATING STANDARDS ETC. AND ANNUAL RETURNS FOR RSAs  

Division 4 - Other provisions relating to the operation of RSAs  

SECTION 43   CIVIL LIABILITY WHERE SECTION 42 CONTRAVENED  

43(1)   [Recovery action]  

Subject to subsection (2), if a person (the plaintiff ) suffers loss or damage because of a contravention of section 42 by another person (the primary defendant ), the plaintiff may recover the amount of the loss or damage by action against:

(a) the primary defendant; or

(b) a person involved in the contravention.

43(2)   [Notwithstanding conviction]  

The action may be begun even if the defendant has been convicted of an offence in respect of the conduct constituting the contravention.

43(3)   [Time limit]  

The action must be begun within 6 years after the day on which the cause of action arose.

43(4)   [Liability under other laws]  

This section does not affect any liability that the defendant or another person has under any other provision of this Act or under any other law.