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
The benefit derived and detriment avoided because of a contravention of a civil penalty provision is the sum of:
(a) the total value of all benefits obtained by one or more persons that are reasonably attributable to the contravention; and
(b) the total value of all detriments avoided by one or more persons that are reasonably attributable to the contravention.
SECTION 1317GAD
1317GAD
MEANING OF
BENEFIT DERIVED AND DETRIMENT AVOIDED
BECAUSE OF A CONTRAVENTION OF A CIVIL PENALTY PROVISION
The benefit derived and detriment avoided because of a contravention of a civil penalty provision is the sum of:
(a) the total value of all benefits obtained by one or more persons that are reasonably attributable to the contravention; and
(b) the total value of all detriments avoided by one or more persons that are reasonably attributable to the contravention.
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