Document ID: chunk:federal_register_of_legislation:C2025C00131:section:61b:p2
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 61B (pt 2/3)
Character Range: 264141–266729

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 makes a pecuniary penalty order against the person in respect of the contravention) order the person to pay an amount that the person is liable to pay under this section.
 (6) A recovery under subsection (4), or the making of an order under subsection (5) or (5A), in respect of an expense or liability incurred in relation to rectifying an act or omission does not prevent a recovery under subsection (4), or the making of an order under subsection (5) or (5A), in respect of another expense or liability incurred in relation to rectifying that act or omission.
 (7) For the purposes of this section, where a person is convicted of:
 (a) an offence against section 6 of the Crimes Act 1914 or section 11.4 or 11.5 of the Criminal Code; or
 (b) an offence against section 38FA or 38FD;
the following provisions have effect:
 (c) the person shall be taken to have been convicted of an ancillary offence;
 (d) the offence in relation to which the ancillary offence was committed shall be taken to be the primary offence to which the ancillary offence relates.
 (8) For the purposes of this section, where a person is convicted of an offence against this Act because of section 11.2 of the Criminal Code:
 (a) the person shall be taken to have been convicted of an ancillary offence; and
 (b) the offence the commission of which the person aided, abetted, counselled or procured shall be taken to be the primary offence to which the ancillary offence relates.
 (8A) For the purposes of this section, if a person is convicted of an offence against this Act because of section 11.2A of the Criminal Code:
 (a) the person is taken to have been convicted of an ancillary offence; and
 (b) the offence that was committed because of that section is taken to be the primary offence to which the ancillary offence relates.
 (9) A reference in this section to rectifying an act or omission constituting an offence against this Act or a contravention of a civil penalty provision is a reference:
 (a) in the case of an offence against section 38DC in relation to an order or direction relating to the removal of a structure, landing area, farming facility, aircraft, vessel or other thing—to the taking of steps (whether in the exercise of powers conferred by section 61A, by another provision of this Act or by another law):
 (i) to remove that structure, landing area,