Treasury Laws Amendment (2017 Measures No. 5) Act 2018 (27 of 2018)
Schedule 1 Financial benchmarks
Part 2 Main consequential amendments
Corporations Act 2001
27 After section 1317HB
Insert:
1317HC Compensation orders - financial benchmark rules or compelled financial benchmark rules
Compensation for damage suffered
(1) A Court may order a person (the liable person ) to compensate another person (including a corporation), or a registered scheme, for damage suffered by the person or scheme if:
(a) the liable person has contravened subsection 908CF(1) (complying with rules about financial benchmarks); and
(b) the damage resulted from the contravention.
The order must specify the amount of compensation.
Note: An order may be made under this subsection whether or not a declaration of contravention has been made under section 1317E.
Damage includes profits
(2) In determining the damage suffered by a person or scheme for the purposes of making a compensation order, include profits made by any person resulting from the contravention.
Damage to scheme includes diminution of value of scheme property
(3) In determining the damage suffered by a registered scheme for the purposes of making a compensation order, include any diminution in the value of the property of the scheme.
Recovery of damage
(4) A compensation order may be enforced as if it were a judgment of the Court.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).