Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 1 - The Court may make declarations of contravention, pecuniary penalty orders, relinquishment orders, refund orders and compensation orders  

SECTION 1317GAB   RELINQUISHING THE BENEFIT DERIVED AND DETRIMENT AVOIDED FROM CONTRAVENING A CIVIL PENALTY PROVISION  

Relinquishment order

1317GAB(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 1317E . The order is a relinquishment order .

1317GAB(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

1317GAB(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 1317M , 1317N , 1317P and 1317Q .