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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 386.15 Compensation orders--civil penalty provisions

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 386.15

Compensation orders--civil penalty provisions

Compensation for damage suffered

  (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

  (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

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