Commonwealth Numbered Acts

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 No. 78, 1993 - SECT 186

186.(1) If a person (the "insider") contravenes the insider trading rules in
relation to particular superannuation interests, the trustee of the public
offer entity concerned may recover the amount described in subsection (2) by
action against:

   (a)  in any case-the insider; or

   (b)  if the insider's contravention relates to the procurement of another
        person to apply for, or to enter into an agreement to apply for,
        superannuation interests-that other person; or

   (c)  any other person involved in the contravention.

(2) The trustee may recover the amount (if any) by which:

   (a)  the price at which the superannuation interests were applied for, or
        agreed to be applied for, by the insider or by the other person
        mentioned in paragraph (1)(b); was less than:

   (b)  the price at which the superannuation interests would have been likely
        to have been applied for if the information had been generally
        available.

(3) An action may be begun even if the defendant has been convicted of an
offence for a contravention of the insider trading rules.

(4) An 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 a person has under any
other provision of this Act or under any other law.