12GBCCRelinquishing the benefit derived from engaging in conduct resulting in a pecuniary penalty order

12GBCC Relinquishing the benefit derived from engaging in conduct resulting in a pecuniary penalty order

Relinquishment order (1) 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. The order is a relinquishment order. (2) The Court may make a relinquishment order: (a) on its own initiative, during proceedings before the Court; or (b) on application by ASIC, made within 6 years after the alleged contravention. Relationship between relinquishment orders and pecuniary penalty orders (3) 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.

Note: The relationship between relinquishment orders and proceedings for an offence are dealt with in sections 12GBCG, 12GBCH, 12GBCJ and 12GBCK.