Document ID: chunk:federal_register_of_legislation:C2024C00826:section:167c
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 167C
Character Range: 453128–454569

167C  Relinquishing the benefit derived 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 166. 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 171, 172, 173 and 174.

Civil enforcement of relinquishment order
 (4) The amount payable under a relinquishment order is a debt payable to ASIC on behalf of the Commonwealth.
 (5) ASIC or the Commonwealth may enforce a relinquishment order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.