Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12gbcc
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12GBCC
Character Range: 193512–194521

12GBCC  Relinquishing the benefit derived from engaging in conduct resulting in a pecuniary penalty order

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. 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 12GBCG, 12GBCH, 12GBCJ and 12GBCK.