Effect of contravention of s 117
118 Effect of contravention of s 117
If—
a person is convicted of an offence against section 117; and
the court by which the person is convicted is satisfied that the society has suffered loss or damage because of the act or omission that constituted the offence;
the court may, in addition to imposing a penalty, order the convicted person to pay compensation to the society of an amount stated by the court.
The order may be enforced as if it were a judgment of the court.
If a person contravenes section 117, the society may, whether or not the person has been convicted of an offence against the section for the contravention, recover from the person as a debt due to the society by action in a court having jurisdiction for the recovery of debts up to the amount involved—
if that person or any other person has made a profit because of the contravention—an amount equal to that profit; and
if the society has suffered loss or damage because of the contravention—an amount equal to that loss or damage.
This section and section 117 are in addition to and do not derogate from any other rule of law about the duties of officers and employees of a society.
This Act’s bill:Explanatory memorandum
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