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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 167C

Relinquishing the benefit derived from contravening a civil penalty provision

Relinquishment order

  (1)   A court may order a person to pay the Commonwealth an amount equal to the benefit derived and detriment avoided because of a contravention of a civil penalty provision if a declaration of contravention by the person has been made under section   166. 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 ASIC, 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.

Note:   The relationship between relinquishment orders and proceedings for an offence are dealt with in sections   171, 172, 173 and 174.

Civil enforcement of relinquishment order

  (4)   The amount payable under a relinquishment order is a debt payable to ASIC on behalf of the Commonwealth.

  (5)   ASIC or the Commonwealth may enforce a relinquishment order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.



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