Part 10Offences, penalties, and proceedings
Offences
144AOrder to pay amount because of commercial gain
This section applies to a person convicted of an offence against any of sections 126, 127 (other than paragraph (1)(c)), 128, 129, 130, 131, 132, 133A, 134, and 135.
The court may make an order under subsection (4) or (5) if it is satisfied that the offence was committed in the course of producing a commercial gain.
The court may make the order in addition to, or instead of, a penalty that the court may impose under the relevant offence provision.
The court may make an order under this subsection whether or not the person is a body corporate. The order is that the person pay an amount up to 3 times the value of the commercial gain resulting from committing the offence.
The court may make an order under this subsection if the person is a body corporate and the value of the gain cannot be readily ascertained. The order is that the person pay an amount up to 10% of the combined turnover of the body corporate and every interconnected body corporate it has over the period of the offending.
The court must assess the value of a gain that is readily ascertainable.
An amount that the court orders to be paid under this section is recoverable in the same manner as a fine.
In this section, interconnected and turnover have the same meanings as in the Commerce Act 1986.
Notes
- Section 144A: inserted, on , by section 154 of the Food Safety Law Reform Act 2018 (2018 No 3).