Commonwealth Consolidated Acts

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SPAM ACT 2003 - SECT 29

Ancillary orders--recovery of financial benefit

  (1)   If:

  (a)   in one or more proceedings under section   26, the Federal Court finds that a person has contravened one or more civil penalty provisions; and

  (b)   the Court is satisfied that the person has obtained (whether directly or indirectly) a financial benefit that is reasonably attributable to any or all of those contraventions;

the Court may, on the application of the ACMA , make an order directing the person to pay to the Commonwealth an amount up to the amount of the financial benefit.

  (2)   The Federal Court may make an order under subsection   ( 1), whether or not it makes an order under section   24.

  (3)   An application under subsection   ( 1) may be made at any time within 6 years after the contravention concerned.


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