Declaration and determination of financial advantage from contravention
147 Declaration and determination of financial advantage from contravention
The Tribunal may, on application by the Director, make an order —
declaring that a person has contravened —
this Act; or
a condition of a licence or permit;
and
declaring that the person has gained a financial advantage by the contravention; and
determining the amount of the advantage.
The amount of financial advantage determined by the Tribunal —
is not limited to net profits only; and
may be calculated by reference to revenue or gross turnover without any reduction for costs (such as stock or overheads) incurred, whether lawfully or unlawfully, in connection with gaining the advantage; and
may be recovered from the person by the Director as a debt due to the Crown.
This section applies whether or not the contravention referred to in subsection (1) is prosecuted as an offence.
[Section 147 inserted: No. 20 of 2025 s. 93.]
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