112CRecovery of monetary benefits from related persons after offence proved

#### 112C Recovery of monetary benefits from related persons after offence proved 112C Recovery of monetary benefits from related persons after offence proved > > (1) This section applies if a court convicts a corporation of an offence against this Act or the regulations. > > > (2) The Environment Protection Authority may apply to the court for an order (a monetary benefits order) that any of the following persons pay an amount representing the amount of monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence by the corporation— > > > > > (a) a person who is, or was, at the time of the commission of the offence, a director of the corporation, > > > > > (b) a related entity, > > > > > (c) a person who is, or was, at the time of the commission of the offence, a director of a related body corporate. > > > (3) The court may make a monetary benefits order in relation to a person only if the court is satisfied, on the balance of probabilities, that the person acquired, or accrued or will accrue, the monetary benefits as a result of the commission of the offence by the corporation. > > > (4) When making a monetary benefits order, the court may order that the person pay the amount— > > > > > (a) into the Environment Protection Authority Fund or another fund the court considers appropriate, or > > > > > (b) to an entity the court considers appropriate in the circumstances. > > > (5) For subsection (2), the Environment Protection Authority may submit to the court a reasonable estimate of the amount of monetary benefits acquired by, or accrued or accruing to, a person as a result of the commission of the offence. > > > (5A) The reasonable estimate may be calculated— > > > > > (a) in accordance with a protocol prescribed by the regulations, or > > > > > (b) using another method, formula or approach the Environment Protection Authority considers appropriate. > > > (6) A monetary benefits order made by the court is enforceable as if it were an order made by the court in Class 4 proceedings under the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204). > > > (7) A reference in subsection (2) to a director of a corporation or related body corporate extends to a person involved in the management of the affairs of the corporation or related body corporate. > > > (8) In this section— > > > > Environment Protection Authority Fund means the Environment Protection Authority Fund established under the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060), section 34A. > > > > the court does not include the Local Court. > > **s 112C:** Ins 2022 No 3, Sch 3\[13\]. Am 2024 No 20, Sch 4\[13\] \[14\].