Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:6_164a
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 6 cl 164A
Character Range: 151744–152850

164A  Relinquishing the benefit derived and detriment avoided from contravening a civil penalty provision

Relinquishment order
 (1) A Court may order a person to pay to the Commonwealth an amount equal to the benefit derived and detriment avoided because of a contravention of a civil penalty provision of Part 5, a civil penalty provision of regulations made for the purposes of Part 5, or a civil penalty provision of the Water Markets Intermediaries Code, if a declaration of contravention by the person has been made under section 144. The order is a relinquishment order.
 (2) The Court may make a relinquishment order:
 (a) on its own initiative, during proceedings before the Court; or
 (b) on application by the ACCC, made within 6 years after the alleged contravention.

Relationship between relinquishment orders and pecuniary penalty orders
 (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.