Commonwealth Consolidated Acts

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Other orders to compensate loss or damage

  (1)   This section applies if:

  (a)   either:

  (i)   a civil penalty order has been made under subsection   82(3) of the Regulatory Powers Act against the entity for a contravention of a civil penalty provision of this Part; or

  (ii)   an entity is found guilty of an offence against this Part; and

  (b)   a person has suffered, or is likely to suffer, loss or damage (including injury to the person's feelings or humiliation) as a result of the contravention or commission of the offence.

  (2)   The Federal Court or the Federal Circuit and Family Court of Australia (Division   2) may make such order as the Court considers appropriate against the entity to:

  (a)   compensate the person, in whole or in part, for that loss or damage; or

  (b)   prevent or reduce that loss or damage suffered, or likely to be suffered, by the person.

  (3)   Without limiting subsection   (2), examples of orders the court may make include:

  (a)   an order directing the entity to perform any reasonable act, or carry out any reasonable course of conduct, to redress the loss or damage suffered by the person; and

  (b)   an order directing the entity to pay the person a specified amount to reimburse the person for expenses reasonably incurred by the person in connection with the contravention or commission of the offence; and

  (c)   an order directing the defendant to pay to the person the amount of loss or damage the plaintiff suffered.

  (4)   The court may make the order only if:

  (a)   the person applies for an order under this section; and

  (b)   the application is made within 6 years of the day the cause of action that relates to the contravention or commission of the offence accrued.

  (5)   If the court makes an order that the entity pay an amount to the person, the person may recover the amount as a debt due to the person.

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