Superannuation Industry (Supervision) Act 1993

If a civil penalty provision in relation to a superannuation entity is contravened by a person other than a trustee of the entity, a trustee of the entity may, by proceedings in a court of competent jurisdiction, recover from the person, as a debt due to the trustee:

if that or another person has made a profit because of the act or omission constituting the contravention—an amount equal to the amount of that profit; and

if the entity has suffered loss or damage as a result of that act or omission—an amount equal to the amount of that loss or damage;

the first‑mentioned person has been convicted of an offence in relation to the contravention; or

a civil penalty order has been made against the first‑mentioned person in relation to the contravention.

Proceedings under this section may only be begun within 6 years after the contravention.