Treasury Laws Amendment (2017 Measures No. 5) Act 2018 (27 of 2018)
Schedule 1 Financial benchmarks
Part 2 Main consequential amendments
Corporations Act 2001
27 After section 1317HB
1317HC Compensation orders - financial benchmark rules or compelled financial benchmark rules
Compensation for damage suffered
(1) A Court may order a person (the liable person ) to compensate another person (including a corporation), or a registered scheme, for damage suffered by the person or scheme if:
(a) the liable person has contravened subsection 908CF(1) (complying with rules about financial benchmarks); and
(b) the damage resulted from the contravention.
The order must specify the amount of compensation.
Note: An order may be made under this subsection whether or not a declaration of contravention has been made under section 1317E.
Damage includes profits
(2) In determining the damage suffered by a person or scheme for the purposes of making a compensation order, include profits made by any person resulting from the contravention.
Damage to scheme includes diminution of value of scheme property
(3) In determining the damage suffered by a registered scheme for the purposes of making a compensation order, include any diminution in the value of the property of the scheme.
Recovery of damage
(4) A compensation order may be enforced as if it were a judgment of the Court.