164ARelinquishing the benefit derived and detriment avoided from contravening a civil penalty provision

164A  Relinquishing the benefit derived and detriment avoided from contravening a civil penalty provision Relinquishment order  (1) A Court may order a person to pay to the Commonwealth an amount equal to the benefit derived and detriment avoided because of a contravention of a civil penalty provision of Part 5, a civil penalty provision of regulations made for the purposes of Part 5, or a civil penalty provision of the Water Markets Intermediaries Code, if a declaration of contravention by the person has been made under section 144. 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 the ACCC, 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. Division 7—Enforcement notices