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Genetic Privacy and Non-discrimination Bill 1998 [2008]

Part 8 Other breaches and penalties

   

27   Action for damages etc.

             (1)  This Part applies only if Part 7 does not apply.

             (2)  Any individual whose rights under this Act have been breached may maintain an action for damages or equitable relief, as provided for in this Part.

             (3)  In any action brought under this section, a court may order:

                     (a)  a person to comply with the provisions of this Act; and

                     (b)  any other appropriate equitable relief.

             (4)  Any person who negligently collects, stores or analyses a DNA sample of an individual in breach of this Act, or negligently induces another person to conduct such collection, storage or analysis, is liable to the individual for each such breach in an amount equal to:

                     (a)  any actual damages sustained as a result of the collection, storage or analysis, or $50 000, or an amount determined by the court, whichever is greatest; and

                     (b)  in any case in which such breach has resulted in profit or monetary gain, treble damages; and

                     (c)  in the case of a successful action under this section, the costs of the action and reasonable costs as determined by the court.

             (5)  Any person who wilfully collects, stores or analyses a DNA sample of an individual in breach of this Act, or wilfully induces another person to conduct such collection, storage or analysis, shall be liable to the individual for each such breach in an amount equal to:

                     (a)  any actual damages sustained as a result of the collection, storage or analysis, or $100,000, or an amount determined by the court, whichever is greatest; and

                     (b)  such punitive damages as the court may allow; and

             (c)  in the case of a successful action under this section, the costs of the action as determined by the court.