Corporations Act 2001
CHAPTER 9
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MISCELLANEOUS
PART 9.4B
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CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS
Division 1
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The Court may make declarations of contravention, pecuniary penalty orders, relinquishment orders, refund orders and compensation orders
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.
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 .
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