SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 216 Criminal court may order compensation

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 216

  (1)   If:

  (a)   a court finds a person guilty of an offence constituted by a contravention of a civil penalty provision in relation to a superannuation entity; and

  (b)   the court is satisfied that the superannuation entity has suffered loss or damage as a result of the act or omission constituting the contravention;

the court may (whether or not it imposes a penalty) order the person to pay to a trustee of the entity or, if the person is a trustee of the entity, to pay to the entity compensation of such amount as the order specifies.

Note:   Section   195 defines when a court is taken to find a person guilty of an offence.

  (2)   If:

  (a)   a court declares under Division   4 that a person has, by an act or omission, contravened a civil penalty provision in relation to a superannuation entity; and

  (b)   the court is satisfied that the superannuation entity has suffered loss or damage as a result of that act or omission;

the court may (whether or not it makes an order under subsection   196(3)) order the person to pay to a trustee of the entity or, if the person is a trustee of the entity, to pay to the entity compensation of such amount as the order specifies.