Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a court finds a person guilty of an offence constituted by a contravention of a civil penalty provision in relation to a superannuation entity; and
(b) the court is satisfied that the superannuation entity has suffered loss or damage as a result of the act or omission constituting the contravention;
the court may (whether or not it imposes a penalty) order the person to pay to a trustee of the entity or, if the person is a trustee of the entity, to pay to the entity compensation of such amount as the order specifies.
Note: Section 195 defines when a court is taken to find a person guilty of an offence.
(2) If:
(a) a court declares under Division 4 that a person has, by an act or omission, contravened a civil penalty provision in relation to a superannuation entity; and
(b) the court is satisfied that the superannuation entity has suffered loss or damage as a result of that act or omission;
the court may (whether or not it makes an order under subsection 196(3)) order the person to pay to a trustee of the entity or, if the person is a trustee of the entity, to pay to the entity compensation of such amount as the order specifies.