Retirement Savings Accounts Act 1997

PART 7 - PROHIBITED CONDUCT IN RELATION TO RSAs  

SECTION 74   CIVIL LIABILITY WHERE SECTION 78 CONTRAVENED  

74(1)   [Action for loss or damage]  

View history reference

Subject to subsection (2), if a person (the plaintiff ) suffers loss or damage because of a contravention of section 78 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.

 View history note

 Hide history note

History

S 74(1) amended by No 123 of 2001, s 3 and Sch 1 item 271, by omitting ``72, 73 or'', effective 11 March 2002.

74(2)    

View history reference

(Repealed by No 123 of 2001)

 View history note

 Hide history note

History

S 74(2) repealed by No 123 of 2001, s 3 and Sch 1 item 272, effective 11 March 2002. S 74(2) formerly read:

74(2)
The person must not begin an action under this section in respect of the contravention if the person could, instead, bring an action under section 76 in respect of the conduct constituting the contravention.

74(3)   [Defendant's conviction]  

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

74(4)   [Time limit]  

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

74(5)   [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.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.