Relinquishing the benefit derived from contravening a civil penalty provision
167C Relinquishing the benefit derived from contravening a civil penalty provision
Relinquishment order
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.
The court may make a relinquishment order:
on its own initiative during proceedings before the court; or
on application by ASIC, made within 6 years after the alleged contravention.
Relationship between relinquishment orders and pecuniary penalty orders
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.
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
The amount payable under a relinquishment order is a debt payable to ASIC on behalf of the Commonwealth.
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.
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