Compensation orders
307 Compensation orders
Compensation for damage suffered—contravention of Part 2 of Chapter 9
The Federal Court may order a person to compensate an organisation for damage suffered by the organisation if:
the person has contravened a civil penalty provision in Part 2 of Chapter 9 in relation to the organisation; and
the damage resulted from the contravention.
The order must specify the amount of the compensation.
Compensation for damage suffered—contravention of Part 3 of Chapter 9
The Federal Court may order a person to compensate an organisation for damage suffered by the organisation if:
the person has contravened a civil penalty provision in Part 3 of Chapter 9 in relation to the organisation; and
the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and
the damage resulted from the contravention.
The order must specify the amount of the compensation.
Damage includes profits
In determining the damage suffered by the organisation for the purposes of making a compensation order, the Court is to have regard to any profits made by any person resulting from the contravention.
Recovery of damage
A compensation order may be enforced as if it were a judgment of the Court.
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