Section 1317GAB — Corporations Act 2001 (Cth)

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 1317E. 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 1317M, 1317N, 1317P and 1317Q.

Related sections

• s 1317F — Declaration of contravention is conclusive evidence
• s 1317G — Pecuniary penalty orders
• s 1317GAA — Civil enforcement of pecuniary penalty order
• s 1317GAC — Civil enforcement of relinquishment order
• s 1317GAD — Meaning of benefit derived and detriment avoided—civil penalty provision
• s 1317GA — Refund orders—charging ongoing fee after termination of arrangement

Research how courts apply s 1317GAB

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