Section 1317HE — Corporations Act 2001 (Cth)

(1) A Court may order a person (the liable person) to compensate another person (other than a passport fund) for damage suffered by the other person if:

(a) the liable person has contravened subsection 1211B(1) or (2) (failure to comply with the Passport Rules for this jurisdiction); 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.

(2) A Court may order a person to compensate a passport fund for damage suffered by the fund if:

(a) the person has contravened subsection 1211B(1) or (2) (failure to comply with the Passport Rules for this jurisdiction); 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.

(3) In determining the damage suffered by a person or passport fund for the purposes of making a compensation order, include profits made by any person resulting from the contravention.

(4) In determining the damage suffered by a passport fund for the purposes of making a compensation order, include any diminution in value of the property of the fund.

(5) If the operator of a passport fund is ordered to compensate the fund, the operator must transfer the amount of the compensation to the fund property. If anyone else is ordered to compensate the fund, the operator may recover the compensation on behalf of the fund.

(6) A compensation order may be enforced as if it were a judgment of the Court.

Related sections

• s 1317HA — Compensation orders—financial services civil penalty provisions
• s 1317HB — Compensation orders—market integrity rules and client money reporting rules
• s 1317HC — Compensation orders—financial benchmark rules or compelled financial benchmark rules
• s 1317J — Who may apply for a declaration or order
• s 1317K — Time limit for application for a declaration or order
• s 1317L — Civil evidence and procedure rules for declarations of contravention and civil penalty orders

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