Document ID: chunk:federal_register_of_legislation:C2019A00017:clause:1_1317gab
Version: federal_register_of_legislation:C2019A00017
Segment Type: clause
Provision Reference: sch 1 cl 1317GAB
Character Range: 96727–97817

1317GAB  Relinquishing the benefit derived and detriment avoided from contravening a civil penalty provision

Relinquishment order
 (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.
 (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
 (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.