Western Australian Consolidated Acts Western Australian Consolidated Acts [(1), (2) deleted]
(3)
Where —
(a) a
person is convicted of an offence under section 71 or 72; and
(b) the
court is satisfied that Gold Bank or Gold Corporation or a body corporate
referred to in section 72(1), has suffered loss or damage as a result of
the act or omission that constituted the offence,
the court by which he
is convicted may, in addition to imposing a penalty, order the convicted
person to pay compensation to Gold Bank, Gold Corporation or the body
corporate so suffering loss or damage of such amount as that court specifies,
and any such order may be enforced as if it were a judgment of that court.
(4) Where a
person contravenes or fails to comply with a provision of section 71 or
72 in relation to Gold Bank, Gold Corporation or a body corporate referred to
in section 72(1), Gold Bank, Gold Corporation or that body corporate may
by virtue of this Act whether or not the person so contravening or failing to
comply has been convicted of an offence under that section in relation to
that contravention or failure to comply, recover from that person as a debt
due, by action in any court of competent jurisdiction —
(a) if
the person so contravening or failing to comply or any other person made a
profit as a result of the contravention or failure — an amount
equal to that profit; and
(b) if
Gold Bank, Gold Corporation or that body corporate as the case requires, has
suffered loss or damage as a result of the contravention or
failure — an amount equal to that loss or damage.
(5) Where a
person who contravenes or fails to comply with section 71 or 72 has been
found by a court to be liable to pay to a person an amount by reason of a
contravention of Part 7.11 of the Corporations Act, that arose out of or
was constituted by the same act or transaction as the contravention of or
failure to comply with that section, the amount of the liability under this
section shall be reduced by the first-mentioned amount.
[Section 73 amended by No. 10 of 1990
s. 31; No. 20 of 2003 s. 28; No. 4 of 2004 s. 58.]