251ARecovery of monetary benefits from related persons after offence proved

251A Recovery of monetary benefits from related persons after offence proved

251A 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 prosecutor for the offence 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 the monetary benefits order in relation to a person only if the court is satisfied, on the balance of probabilities, that the person acquired, accrued or will accrue the monetary benefits as a result of the commission of the offence by the corporation.

(4) For subsection (2), the prosecutor for the offence may give 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.

(4A) The prosecutor may calculate the estimate—

(a) in accordance with a protocol prescribed by the regulations, or

(b) using another method, formula or approach the prosecutor considers appropriate.

(5) 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.

(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.

(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.