Commonwealth Numbered Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 No. 78, 1993 - SECT 148

Civil liability where section 146 or 147 contravened
148.(1) Subject to subsection (2), if a person (the "plaintiff") suffers loss
or damage because of a contravention of section 146 or 147 by another
person (the "primary defendant"), the plaintiff may recover the amount of the
loss or damage by action against:

   (a)  the primary defendant; or

   (b)  a person involved in the contravention.

(2) The person must not begin an action under this section in respect of the
contravention if the person could, instead, bring an action under section 162
in respect of the conduct constituting the contravention.

(3) The action may be begun even if the defendant has been convicted of an
offence in respect of the conduct constituting the contravention.

(4) The action must be begun within 6 years after the day on which the cause
of action arose.

(5) This section does not affect any liability that the defendant or another
person has under any other provision of this Act or under any other law. 


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