Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

I move government amendment (15) on sheet PN285:

(15)  Schedule 1, item 11, page 17 (after line 30), at the end of section 531L, add:

        (3)    If:

             (a)    protected carrier information was given to an authorised information officer by a carrier; and

             (b)    the Federal Court is satisfied that an entrusted company officer of a company has contravened subsection 531K(1) or (3) in relation to the information; and

             (c)    the Court is satisfied that the carrier has suffered loss or damage as a result of the contravention; and

             (d)    the Court is satisfied that:

                   (i)    the entrusted company officer was an employee or agent of the company; and

                  (ii)    the entrusted company officer’s conduct was within the entrusted company officer’s actual or apparent authority as an employee or agent of the company;

the Court may, on the application of the carrier, make an order that the Court considers appropriate directing the company to compensate the carrier.

        (4)    An application under subsection (3) may be made at any time within 6 years after the contravention occurred.

        (5)    Compensation is not payable to a company under both:

             (a)    subsection (1); and

             (b)    subsection (3);

in respect of the same contravention of subsection 531K(1) or (3).

Question agreed to.