Document ID: chunk:federal_register_of_legislation:C2025C00131:section:61b:p1
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 61B (pt 1/3)
Character Range: 261668–264371

61B  Liability for expenses incurred by the Commonwealth resulting from contravention of this Act
 (1) Subject to this section, where:
 (a) a person has been convicted of an offence against this Act; and
 (b) the Commonwealth has incurred expenses or other liabilities in relation to:
 (i) if the offence is an ancillary offence—rectifying the act or omission constituting the primary offence to which the ancillary offence relates; or
 (ii) in any other case—rectifying the act or omission constituting the offence;
the person convicted is liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities of the Commonwealth .
 (1A) Subject to this section, if:
 (a) a declaration of contravention has been made against a person in relation to a contravention of a civil penalty provision; and
 (b) the Commonwealth has incurred expenses or other liabilities in relation to:
 (i) if the contravention is a contravention of subsection 61AIF(1)—rectifying the act or omission constituting the contravention of the civil penalty provision to which that contravention relates; or
 (ii) in any other case—rectifying the act or omission constituting the contravention;
the person against whom the declaration is made is liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities of the Commonwealth.
 (2) Where, apart from this subsection, 2 or more persons would be liable to pay an amount under subsection (1) or (1A) in respect of the same expenses and liabilities, those persons are jointly and severally liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities.
 (3) Where:
 (a) apart from this subsection, a person is liable to pay an amount under this section in respect of expenses or liabilities incurred by the Commonwealth in relation to rectifying an act or omission; and
 (b) the total amount of those expenses or liabilities exceeds the amount that was reasonable for the Commonwealth to incur in relation to rectifying the act or omission;
the person is not liable to pay the amount of the excess.
 (4) An amount payable under this section may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction.
 (5) Where a person is convicted before a court of an offence against this Act, the court may (whether or not it has imposed a penalty on the person) order the person to pay an amount that the person is liable to pay under this section.
 (5A) If the Federal Court makes a declaration of contravention against a person for a contravention of a civil penalty provision, the Court may (whether or not the Court