Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.9A - PRODUCT INTERVENTION ORDERS  

SECTION 1023Q   CIVIL LIABILITY  

1023Q(1)    
If:

(a) a person (the first person ) contravenes a product intervention order; and

(b) a retail client suffers loss or damage because of the contravention;

the retail client may recover the amount of the loss or damage by action against the first person, whether or not:

(c) the first person (or anyone else) has been convicted of an offence in relation to the contravention; or

(d) a Court has made a declaration of contravention under subsection 1317E(1) in relation to the contravention; or

(e) a Court has ordered the first person (or anyone else) to pay the Commonwealth a pecuniary penalty under section 1317G in relation to the contravention.

1023Q(2)    
An action under subsection (1) may be begun at any time within 6 years after the day on which the cause of action arose.

1023Q(3)    
This section does not affect any liability that a person has under any other law.