Relinquishing the benefit derived and detriment avoided from contravening a civil penalty provision
164A Relinquishing the benefit derived and detriment avoided from contravening a civil penalty provision
Relinquishment order
A Court may order a person to pay to the Commonwealth an amount equal to the benefit derived and detriment avoided because of a contravention of a civil penalty provision of Part 5 or Part 5A, a civil penalty provision of regulations made for the purposes of Part 5 or Part 5A, or a civil penalty provision of the Water Markets Intermediaries Code, if a declaration of contravention by the person has been made under section 144. 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 the ACCC, 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.
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