Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if an order under section 175 has been made or is being sought against a responsible entity for a freight container for payment of the amount (the full amount ) of any loss suffered by a person.
(2) The responsible entity for the freight container has a right under this Act to recover, from a person (the information provider ) who provided the responsible entity with any of the information that was false or misleading, the part (the attributable amount ) of the full amount paid or payable by the responsible entity under the order that is attributable to the information provided by the information provider.
Note Giving false or misleading information and producing false or misleading documents is also dealt with in the Criminal Code, s 338 and s 339.
(3) The responsible entity for the freight container may enforce the right to recover by—
(a) joining, or seeking the joinder of, the information provider in the proceeding for the order under section 175 and applying to the court for an order for payment of the attributable amount to be made when the order is made under section 175; or
(b) bringing a separate proceeding in a court of competent jurisdiction for an order for payment of the attributable amount.
Note The court may assess the attributable amount in the way the court considers appropriate (see s 177).