Australian Securities and Investments Commission Act 1989
12JEConcurrent operation of securities provisions
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12JE Concurrent operation of securities provisions
(1) Subject to this section, this Subdivision is not intended to exclude the concurrent operation of the securities provisions. (2) A person is not entitled to institute a proceeding under the applied law in respect of loss or damage arising out of a contravention of the applied law if: (a) the person has recovered in respect of the loss or damage in an action brought under the securities provisions; or (b) the person has brought proceedings under the securities provisions to recover in respect of the loss or damage, but judgment has been entered for the defendant in those proceedings. (3) A person is not entitled to institute a proceeding under the securities provisions in respect of loss or damage arising out of a contravention of the securities provisions if: (a) the person has recovered in respect of the loss or damage in an action brought under the applied law; or (b) the person has brought proceedings under the applied law to recover in respect of the loss or damage, but judgment has been entered for the defendant in those proceedings.