South Australian Consolidated Acts South Australian Consolidated Acts6J—Civil liability for contravention of Division
(1) If a person who is
a corporate agency member or former corporate agency member is convicted of an
offence for a contravention of this Division (other than an offence consisting
of culpable negligence), the court by which the person is convicted may, in
addition to imposing a penalty, order the convicted person to pay to the
agency—
(a) if
the court is satisfied that the person or any other person made a profit as a
result of the contravention—an amount equal to the profit; and
(b) if
the court is satisfied that the agency or a subsidiary of the agency suffered
loss or damage as a result of the contravention—compensation for the
loss or damage.
(2) If a person who is
a corporate agency member or former corporate agency member is guilty of a
contravention of this Division for which a criminal penalty is fixed (other
than a contravention consisting of culpable negligence), the agency or the
relevant Minister may (whether or not proceedings have been brought for the
offence) recover from the person by action in a court of competent
jurisdiction—
(a) if
the person or any other person made a profit as a result of the
contravention—an amount equal to the profit; and
(b) if
the agency or a subsidiary of the agency suffered loss or damage as a result
of the contravention—compensation for the loss or damage.