Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If, on an application for a civil penalty order against a person in relation to a contravention, the Court is satisfied that:
(a) the person committed the contravention; and
(b) the superannuation entity in relation to which the contravention was committed has suffered loss or damage as a result of the act or omission constituting the contravention;
the Court may (whether or not it makes an order under subsection 196(3)) order the person to pay to a trustee of the entity or, if the person is a trustee of the entity, to pay to the entity compensation of such amount as the order specifies.
(2) A trustee of a superannuation entity may intervene in an application for a civil penalty order against a person in relation to a contravention, unless the application was made under Division 4.
(3) A trustee of a superannuation entity that so intervenes is entitled to be heard:
(a) only if the Court is satisfied that the person committed the contravention in relation to that entity; and
(b) only on the question whether the Court should order the person to pay compensation to the trustee because of the contravention.