Document ID: chunk:federal_register_of_legislation:C2021C00356:section:31
Version: federal_register_of_legislation:C2021C00356
Segment Type: section
Provision Reference: s 31
Character Range: 53892–54799

31  Ancillary orders—recovery of financial benefit
 (1) If:
 (a) in one or more proceedings under section 24, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that a person has contravened one or more civil penalty provisions; and
 (b) the court is satisfied that the person has obtained (whether directly or indirectly) a financial benefit that is reasonably attributable to any or all of those contraventions;
the court may, on the application of the ACMA, make an order directing the person to pay to the Commonwealth an amount up to the amount of the financial benefit.
 (2) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may make an order under subsection (1), whether or not it makes a civil penalty order.
 (3) An application under subsection (1) may be made at any time within 6 years after the contravention concerned.