South Australian Consolidated Acts

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PUBLIC SECTOR MANAGEMENT ACT 1995 - SECT 6N

6N—Civil liability for contravention of Division

        (1)         If a person who is an advisory body member or former advisory body member is convicted of an offence for a contravention of this Division, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the relevant Minister

            (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 any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.

        (2)         If a person who is an advisory body member or former advisory body member is guilty of a contravention of this Division, 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 any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.



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