33Compensation and other payments for contravention of this Part

33 Compensation and other payments for contravention of this Part

(1)  Sections 24 , 25 , 26 , 27 and 28 have effect in addition to any rule of law relating to the function, power or liability of a person because of the person's office or employment in a Government Business Enterprise and do not affect the right of any person to institute civil proceedings in relation to a contravention of any of those provisions.

(2)  [Section 33 Subsection (2) amended by No. 42 of 2002, s. 21, Applied:27 Nov 2002] If a person is found guilty of an offence against section 24(2) , (3) , (6) or (7) or section 25(2) or an order is made under section 29 (3) in respect of a contravention of section 24 or 25 , the court making that finding or order may, in addition to any other penalty it may impose or order it may make, order the person to pay to a Government Business Enterprise or subsidiary–

(a) any profit made by the person as a result of the contravention of section 24 or 25 ; and

(b) an amount equal to any loss and damage the Government Business Enterprise or subsidiary suffered as a result of the contravention of section 24 or 25 .

(3)  The Government Business Enterprise or subsidiary may enforce an order made under subsection (2) as if it were a judgment of the court.