New South Wales Consolidated Acts

CONTAMINATED LAND MANAGEMENT ACT 1997 - SECT 95C

95C 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 a 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) 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.

(5) For subsection (2), the prosecutor may submit 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.

(5A) 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.

(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.

(8) In this section--

"Environment Protection Authority Fund" means the Environment Protection Authority Fund established under the Protection of the Environment Administration Act 1991 , section 34A.

"prosecutor" , for an offence, means the person that instituted the proceedings for the offence.

"the court" does not include the Local Court.