Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 1005

1005. (1) Subject to the following sections of this Division, a person who
suffers loss or damage by conduct of another person that was engaged in in
contravention of a provision of this Part or Part 7.12 may recover the amount
of the loss or damage by action against that other person or against any
person involved in the contravention, whether or not that other person or any
person involved in the contravention has been convicted of an offence in
respect of the contravention.

(2) An action under subsection (1) or under paragraph 1013 (1) (d) may be
begun at any time within 6 years after the day on which the cause of action
arose.

(3) This Division does not affect any liability that a person has under any
other law.

(4) In a proceeding under this Part in relation to a contravention of this
Part or Part 7.12 committed by the publication of an advertisement, it is a
defence if it is proved that the defendant is a person whose business it is to
publish or arrange for the publication of advertisements and that the person
received the advertisement for publication in the ordinary course of business
and did not know and had no reason to suspect that its publication would
amount to a contravention of a provision of this Part or Part 7.12.