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RAIL SAFETY NATIONAL LAW (NSW) - SECT 230
Commercial benefits order
230 Commercial benefits order
(1) The court that finds a person guilty of an offence against this Law may,
on the application of the prosecutor or the Regulator, make an order under
this section.
(2) The court may make a commercial benefits order requiring
the person to pay, as a fine, an amount not exceeding 3 times the amount
estimated by the court to be the gross commercial benefit that-- (a) was
received or receivable, by the person or by an associate of the person, from
commission of the offence; and
(b) in the case of a journey that was
interrupted or not commenced because of action taken by a rail safety officer
in connection with commission of the offence, would have been received or
receivable, by the person or by an associate of the person--from commission of
the offence had the journey been completed.
(3) In estimating the gross
commercial benefit that was or would have been received or receivable from
commission of the offence, the court may take into account-- (a) benefits of
any kind, whether monetary or otherwise; and
(b) monetary savings or a
reduction in any operating or capital expenditure of any kind achieved because
of commission of the offence; and
(c) any other matters that it considers
relevant, including (for example)-- (i) the value per tonne or per kilometre
of the carriage of the goods involved in the offence as freight; and
(ii) the
distance over which any such goods were or were to be carried.
(4) However,
in estimating the gross commercial benefit that was or would have been
received or receivable from commission of the offence, the court is required
to disregard any costs, expenses or liabilities incurred by the person or by
an associate of the person.
(5) Nothing in this section prevents the court
from ordering payment of an amount that is-- (a) less than 3 times the
estimated gross commercial benefit; or
(b) less than the estimated gross
commercial benefit.
(6) For the purposes of this section, a person is an
associate of another if-- (a) 1 is a spouse, de facto partner, parent,
brother, sister or child of the other; or
(b) they are members of the same
household; or
(c) they are partners; or
(d) they are both trustees or
beneficiaries of the same trust, or 1 is a trustee and the other is a
beneficiary of the same trust; or
(e) 1 is a body corporate and the other is
a director or member of the governing body of the body corporate; or
(f) 1 is
a body corporate (other than a public company whose shares are listed on a
stock exchange) and the other is a shareholder in the body corporate; or
(g)
they are related bodies corporate within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(h) a chain of relationships
can be traced between them under any 1 or more of the above paragraphs.
(7)
For the purposes of subsection (6), a beneficiary of a trust includes an
object of a trust.
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