Part 3AAdditional court orders where contravention of Act

Part 3A—Additional court orders where contravention of Act 37DA—Court may make additional orders where contravention of Act (1) Where, in proceedings under this Act, a court finds a person guilty of a contravention of this Act, the court may, in addition to any penalty it may impose, do 1 or more of the following: (a) order the person to pay to the Crown or a specified Aboriginal person or body an amount of money for or towards 1 or both of the following: (i) repair, restoration or reinterment of an Aboriginal site, object or remains affected by the contravention; (ii) any other costs incurred, or likely to be incurred, to make good any other harm caused by the contravention; (b) order the person to take specified action to make good any damage caused by the contravention and, if appropriate, to take specified action to prevent or mitigate further damage; (c) order the person to take specified action to publicise the contravention and its consequences; (d) order the person to pay to a specified Aboriginal person or body an amount determined by the court for reasonable costs and expenses incurred, or compensation for harm suffered, in relation to the contravention; (e) order the person to pay to the Crown an amount not exceeding the court's estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention; (f) make any ancillary orders the court considers appropriate. (2) For the purposes of subsection (1)(e), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance.