Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RETIREMENT SAVINGS ACCOUNTS ACT 1997 - SECT 43

Civil liability where section 42 contravened

  (1)   Subject to subsection   (2), if a person (the plaintiff ) suffers loss or damage because of a contravention of section   42 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 action may be begun even if the defendant has been convicted of an offence in respect of the conduct constituting the contravention.

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

  (4)   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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback