Section 40A — Fair Trading Act 1986: Additional penalty for contravention of section 24 involving commercial gain

40A Additional penalty for contravention of section 24 involving commercial gain (1) If a person is convicted of an offence under section 40(1A) the application of the Commission, in addition to any penalty that the Court may impose under that subsection, order that person to pay an amount not exceeding the value of any commercial gain resulting from the contravention if the Court is satisfied that the contravention occurred in the course of producing a commercial gain. (2) The value of any gain must be assessed by the Court, and any amount ordered to be paid is recoverable in the same manner as a fine. (3) The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings. (4) In this section, Court includes a District Court. Section 40A was inserted, as from 8 July 2003, by section 9 Fair Trading Amendment Act 2003 (2003 No 31). See section 16 of that Act as to proceedings already barred and pending proceedings.