61BLiability for expenses incurred by the Commonwealth resulting from contravention of this Act

#### 61B Liability for expenses incurred by the Commonwealth resulting from contravention of this Act (1) Subject to this section, where: (a) a person has been convicted of an offence against this Act; and (b) the Commonwealth has incurred expenses or other liabilities in relation to: (i) if the offence is an ancillary offence—rectifying the act or omission constituting the primary offence to which the ancillary offence relates; or (ii) in any other case—rectifying the act or omission constituting the offence; the person convicted is liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities of the Commonwealth . (1A) Subject to this section, if: (a) a declaration of contravention has been made against a person in relation to a contravention of a civil penalty provision; and (b) the Commonwealth has incurred expenses or other liabilities in relation to: (i) if the contravention is a contravention of subsection 61AIF(1)—rectifying the act or omission constituting the contravention of the civil penalty provision to which that contravention relates; or (ii) in any other case—rectifying the act or omission constituting the contravention; the person against whom the declaration is made is liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities of the Commonwealth. (2) Where, apart from this subsection, 2 or more persons would be liable to pay an amount under subsection (1) or (1A) in respect of the same expenses and liabilities, those persons are jointly and severally liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities. (3) Where: (a) apart from this subsection, a person is liable to pay an amount under this section in respect of expenses or liabilities incurred by the Commonwealth in relation to rectifying an act or omission; and (b) the total amount of those expenses or liabilities exceeds the amount that was reasonable for the Commonwealth to incur in relation to rectifying the act or omission; the person is not liable to pay the amount of the excess. (4) An amount payable under this section may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction. (5) Where a person is convicted before a court of an offence against this Act, the court may (whether or not it has imposed a penalty on the person) order the person to pay an amount that the person is liable to pay under this section. (5A) If the Federal Court makes a declaration of contravention against a person for a contravention of a civil penalty provision, the Court may (whether or not the Court makes a pecuniary penalty order against the person in respect of the contravention) order the person to pay an amount that the person is liable to pay under this section. (6) A recovery under subsection (4), or the making of an order under subsection (5) or (5A), in respect of an expense or liability incurred in relation to rectifying an act or omission does not prevent a recovery under subsection (4), or the making of an order under subsection (5) or (5A), in respect of another expense or liability incurred in relation to rectifying that act or omission. (7) For the purposes of this section, where a person is convicted of: (a) an offence against section 6 of the Crimes Act 1914 or section 11.4 or 11.5 of the Criminal Code; or (b) an offence against section 38FA or 38FD; the following provisions have effect: (c) the person shall be taken to have been convicted of an ancillary offence; (d) the offence in relation to which the ancillary offence was committed shall be taken to be the primary offence to which the ancillary offence relates. (8) For the purposes of this section, where a person is convicted of an offence against this Act because of section 11.2 of the Criminal Code: (a) the person shall be taken to have been convicted of an ancillary offence; and (b) the offence the commission of which the person aided, abetted, counselled or procured shall be taken to be the primary offence to which the ancillary offence relates. (8A) For the purposes of this section, if a person is convicted of an offence against this Act because of section 11.2A of the Criminal Code: (a) the person is taken to have been convicted of an ancillary offence; and (b) the offence that was committed because of that section is taken to be the primary offence to which the ancillary offence relates. (9) A reference in this section to rectifying an act or omission constituting an offence against this Act or a contravention of a civil penalty provision is a reference: (a) in the case of an offence against section 38DC in relation to an order or direction relating to the removal of a structure, landing area, farming facility, aircraft, vessel or other thing—to the taking of steps (whether in the exercise of powers conferred by section 61A, by another provision of this Act or by another law): (i) to remove that structure, landing area, farming facility, vessel, aircraft or other thing; (ii) to repair or remedy any condition arising from that removal; (iii) to mitigate any damage arising from that removal; or (iv) to prevent any damage likely to arise from that removal; and (b) in all cases—to the taking of steps (whether in the exercise of powers conferred by section 61A, by another provision of this Act or by another law): (i) to repair or remedy any condition arising from that act or omission; (ii) to mitigate any damage arising from that act or omission; or (iii) to prevent any damage likely to arise from that act or omission. (10) A reference in this section to a conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the person in respect of the offence.