National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-1 - CIVIL PENALTY PROVISIONS  

Division 2 - Declarations and pecuniary penalty orders for contraventions of civil penalty provisions  

SECTION 167C   RELINQUISHING THE BENEFIT DERIVED FROM CONTRAVENING A CIVIL PENALTY PROVISION  

Relinquishment order

167C(1)    
A court may order a person to pay the Commonwealth an amount equal to the benefit derived and detriment avoided because of a contravention of a civil penalty provision if a declaration of contravention by the person has been made under section 166 . The order is a relinquishment order .

167C(2)    
The court may make a relinquishment order:

(a) on its own initiative during proceedings before the court; or

(b) on application by ASIC, made within 6 years after the alleged contravention.

Relationship between relinquishment orders and pecuniary penalty orders

167C(3)    
To avoid doubt, the court may make a relinquishment order in relation to the contravention of a civil penalty provision even if a pecuniary penalty order could be, or has been, made in relation to the contravention of the civil penalty provision.

Note:

The relationship between relinquishment orders and proceedings for an offence are dealt with in sections 171 , 172 , 173 and 174 .

Civil enforcement of relinquishment order

167C(4)    
The amount payable under a relinquishment order is a debt payable to ASIC on behalf of the Commonwealth.

167C(5)    
ASIC or the Commonwealth may enforce a relinquishment order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.