34Compensation and other payments for contravention of this Part

34 Compensation and other payments for contravention of this Part

(1)  Sections 22 , 23 , 24 , 25 and 26 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 the Corporation and do not affect the right of any person to institute civil proceedings in relation to a contravention of any of those provisions.

(2)  If a person is found guilty of an offence against section 22(2) , (3) , (6) or (7) or section 23(2) or an order is made under section 31(3) in respect of a contravention of section 22 or 23 , 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 the Corporation or subsidiary of the Corporation –

(a) any profit made by the person as a result of the contravention of section 22 or 23 ; and

(b) an amount equal to any loss and damage the Corporation or subsidiary of the Corporation suffered as a result of the contravention of section 22 or 23 .

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