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Penalty imageRemedies, Penalties and Immunity/Cooperation policies

Please see new penalties/remedies page


About remedies

Both civil and criminal remedies are available for contraventions of Part IV of the CCA. Since 24 July 2009 a new Division 1 of Part IV of the CCA prohibits cartel conduct both civilly and as a criminal offence. Division 2 of Part IV, which contains the Part IV competition law prohibitions, is subject only to civil penalties.

The civil remedies are available for contraventions of both Division 1 and Division 2 of Part IV of the CCA include:

(1) pecuniary penalties (s 76)

(2) damages (s 82)

(3) injunctions (s 80)

(4) divestiture (in relation to mergers) (s 81)

(5) non-punitive orders (eg, community service) (s 86C)

(6) punitive orders - adverse publicity orders (s 86D)

(7) disqualification from directorship (s 86E)

(8) other orders (s 87)

Criminal remedies are provided for in the following sections

See also Memorandum of Understanding between the CDPP and the ACCC Regarding Serious Cartel Conduct (July 2009) [external]



The ACCC currently has immunity and cooperation policies in place for cartel conduct. See immunity and cooperation page.


The Law (CCA)






Useful links

The Cartel Project
Launched April 2009 this is the home page for an "interdisciplinary empirical research project [which] will investigate how and why criminalisation of serious cartel conduct has become bipartisan policy in Australia."