Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 8 - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 386 - Civil consequences of contravening civil penalty provisions  

SECTION 386-15   COMPENSATION ORDERS - CIVIL PENALTY PROVISIONS  
Compensation for damage suffered

386-15(1)    
A Court may order a person to compensate an Aboriginal and Torres Strait Islander corporation for damage suffered by the corporation if:

(a)    the person has contravened a civil penalty provision in relation to the corporation; and

(b)    the damage resulted from the contravention. The order must specify the amount of the compensation.

Note:

An order may be made under this subsection whether or not a declaration of contravention has been made under section 386-1 .

Damage includes profits

386-15(2)    
In determining the damage suffered by the corporation for the purposes of making a compensation order, include profits made by any person resulting from the contravention.

Recovery of damage

386-15(3)    
A compensation order may be enforced as if it were a judgment of the Court.

 

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