341Receiving monetary benefits

341 Receiving monetary benefits

341 Receiving monetary benefits

(1) A related person who, as a result of an underlying matter, obtains a monetary benefit—

(a) if the underlying matter is an offence—commits an offence, or

(b) if the underlying matter is a contravention of a civil penalty provision—contravenes a civil penalty provision.

Maximum penalty for subsection (1)(a)—the lesser of—

(a) a Tier 2 penalty, or

(b) the maximum penalty for the underlying matter.

Maximum civil penalty for subsection (1)(b)—Tier C civil penalty.

(2) Proceedings under this section may be commenced no later than the later of the following—

(a) the date that is 12 months after the date on which a court finds the underlying matter proved,

(b) the date by which—

(i) criminal proceedings may be commenced under section 364, or

(ii) civil penalty proceedings may be commenced under section 370G.

s 341: Am 2002 No 138, Sch 2 [33] [34]; 2004 No 39, Schs 4 [41], 5 [11]; 2005 No 118, Sch 1 [40] [41]. Rep 2008 No 73, Sch 1 [8]. Ins 2025 No 70, Sch 3[104].