Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 1023Q

Civil liability

             (1)  If:

                     (a)  a person (the first person ) contravenes a product intervention order; and

                     (b)  a retail client suffers loss or damage because of the contravention;

the retail client may recover the amount of the loss or damage by action against the first person, whether or not:

                     (c)  the first person (or anyone else) has been convicted of an offence in relation to the contravention; or

                     (d)  a Court has made a declaration of contravention under subsection 1317E(1) in relation to the contravention; or

                     (e)  a Court has ordered the first person (or anyone else) to pay the Commonwealth a pecuniary penalty under section 1317G in relation to the contravention.

             (2)  An action under subsection (1) may be begun at any time within 6 years after the day on which the cause of action arose.

             (3)  This section does not affect any liability that a person has under any other law.



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