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FAIR TRADING ACT 1992 - SECT 41

Offences against pt 2

    (1)         A person who contravenes a provision of part 2 other than section 12 or section 13 commits an offence.

Maximum penalty: 200 penalty units.

    (2)         If a person is convicted of 2 or more offences constituted by, or relating to, contraventions of the same provision of part 2, being contraventions that appear to the Magistrates Court to have been of the same nature or substantially similar nature and to have occurred at or about the same time (whether or not the person is also convicted of an offence or offences constituted by, or relating to, another contravention or other contraventions of that provision that were of a different nature or occurred at a different time), the court must not, in relation to the firstmentioned offences, impose on the person fines that, in the aggregate, exceed the maximum fine that would be applicable in relation to 1 offence by that person against that provision.

    (3)         If—

        (a)     a person is convicted of an offence constituted by, or relating to, a contravention of a provision of part 2; and

        (b)     a fine has, or fines have, previously been imposed on the person by the Magistrates Court for an offence or offences constituted by, or relating to, another contravention or other contraventions of the same provision, being a contravention that, or contraventions each of which, appears to the court to have been of the same nature as, or of a substantially similar nature to, and to have occurred at or about the same time as, the firstmentioned contravention (whether or not a fine has, or fines have, also previously been imposed on the person for an offence or offences constituted by, or relating to, a contravention or contraventions of that provision that were of a different nature or occurred at a different time);

the court must not, in relation to the offence mentioned in paragraph (a), impose on the person a fine that exceeds the amount (if any) by which the maximum fine applicable in relation to that offence against subsection (1) is greater than the amount of the fine, or the sum of the amounts of the fines, first referred to in paragraph (b).

    (4)         In proceedings under this section against a person for contravening a provision of part 2, the Magistrates Court may—

        (a)     grant an injunction under section 44 against the person in relation to—

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

              (ii)     other conduct of that kind; or

        (b)     make an order under section 45 in relation to the contravention.

    (5)         A prosecution for an offence against subsection (1) may be commenced within 3 years after the commission of the offence.

    (6)         If an act or omission is both an offence against this Act and an offence against a law of the Commonwealth or a law in force elsewhere in Australia, a person convicted of an offence against that law is not liable to be convicted of the offence against this Act.



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