Home Page / Legislation / Competition and Consumer Act 2010 / s 79

Competition and Consumer Act 2010 (Cth)

Section 79
Offences against section 44ZZRF or 44ZZRG

 

The provision

(1) A person who:

(aa) attempts to contravene; or

(a) aids, abets, counsels or procures a person to contravene; or

(b) induces, or attempts to induce, a person (whether by threats or promises or otherwise) to contravene; or

(c) is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of; or

(d) conspires with others to contravene;

a cartel offence provision is taken to have contravened that provision and is punishable:

(e) in a case where:

(i) the provision is a cartel offence provision; and

(ii) the person is not a body corporate;

by a term of imprisonment not exceeding 10 years or a fine not exceeding 2,000 penalty units, or both; or

(f) in any other case—accordingly.

(1AA) For the purposes of the application of subsection (1) to a case where:

(a) the provision is a cartel offence provision; and

(b) the person is a body corporate other than a corporation;

assume that each reference in paragraph 44ZZRF(3)(c) or 44ZZRG(3)(c) to a corporation were read as a reference to a body corporate.

(1AB) Subsections 11.1(2) to (6) (inclusive) of the Criminal Code apply in relation to paragraph (1)(aa) in the same way that they apply in relation to the offence of attempt under subsection 11.1(1) of the Criminal Code.

(1A) Subsections 11.2(2) to (5) (inclusive) of the Criminal Code apply in relation to paragraph (1)(a) in the same way that they apply in relation to subsection 11.2(1) of the Criminal Code.

(1B) Subsections 11.5(2) to (5) (inclusive) of the Criminal Code apply in relation to paragraph (1)(d) in the same way that they apply in relation to the offence of conspiracy under subsection 11.5(1) of the Criminal Code.

(5) Subsections 11.1(1), 11.2(1), 11.2A(1), and 11.4(1) of the Criminal Code do not apply in relation to an offence against a cartel offence provision or a provision of Part VC.

(7) In this section:

cartel offence provision means section 44ZZRF or 44ZZRG.

 

Legislative history

Full details forthcoming

Amended by the Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Act 103 of 2010), sch 5.

Section 55: Omit “or a provision of Part VC”.
Note: The heading to section 79 is altered by omitting “or Part VC etc.”.

 

Commentary

Penalty units are defined in s 4AA of the Crimes Act 1914. The current value of a penalty unit is $180 (since 1 July 2015).

More detail forthcoming