Home Page / Legislation / Competition and Consumer Act 2010 / s 45AI

Competition and Consumer Act 2010 (Cth)

Section 45AI
Court may make related civil orders

Note: The Harper Reforms came into operation on 6 November 2017 with the commencement of the Competition and Consumer Amendment (Competition Policy Reform) Act 2017. This section was re-numbered from section 44ZZRI.

 

The provision

If a prosecution against a person for an offence against section 44ZZRF or 44ZZRG is being, or has been, heard by a court, the court may:

(a) grant an injunction under section 80 against the person in relation to:

(i) the conduct that constitutes, or is alleged to constitute, the offence; or

(ii) other conduct of that kind; or

(b) make an order under section 86C, 86D, 86E or 87 in relation to the offence.

 

Legislative history

Amended Competition and Consumer Amendment (Competition Policy Reform) Act 2017 (Act 114 of 2017)

The content of this provision did not change - it was simply renumbered (from s 44ZZRI)

Introduced by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009

Operative: 24 July 2009

 

Commentary

The insertion of this provision was part of the package of reforms introducing criminal penalties for cartel conduct. The reforms also created a parallel civil cartel prohibition, replacing the former s 45A which dealt directly with price-fixing.

The reforms were initially recommend by the Dawson Committee as part of its 2002-2003 inquiry into the Competition Law provisions of the Trade Practices Act.

See further information and resources on the cartel page.