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COMPETITION AND CONSUMER ACT 2010 - SECT 151BX

Pecuniary penalties for breach of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction

             (1)  If the Federal Court is satisfied that a person:

                     (a)  has contravened the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction; or

                     (b)  has attempted to contravene the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction; or

                     (c)  has been involved in a contravention of the competition rule, a tariff filing direction, a record-keeping rule or a disclosure direction;

the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each contravention, as the Court determines to be appropriate.

             (2)  In determining a pecuniary penalty, the Court must have regard to all relevant matters, including:

                     (a)  the nature and extent of the contravention; and

                     (b)  the nature and extent of any loss or damage suffered as a result of the contravention; and

                     (c)  the circumstances in which the contravention took place; and

                     (d)  whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct.

             (3)  The pecuniary penalty payable under subsection (1) by a body corporate is not to exceed:

                     (a)  in the case of a contravention of the competition rule--for each contravention:

                              (i)  if the contravention continued for more than 21 days--the sum of $31 million and $3 million for each day in excess of 21 that the contravention continued; or

                             (ii)  otherwise--the sum of $10 million and $1 million for each day that the contravention continued; or

                     (b)  in the case of a contravention of a tariff filing direction--$10 million for each contravention; or

                     (c)  in the case of a contravention of a record-keeping rule or of a disclosure direction--$250,000 for each contravention.

             (4)  The pecuniary penalty payable under subsection (1) by a person other than a body corporate is not to exceed:

                     (a)  in the case of a contravention of a record-keeping rule or of a disclosure direction--$50,000 for each contravention; or

                     (b)  in any other case--$500,000 for each contravention.

             (5)  If conduct constitutes a contravention of:

                     (a)  2 or more tariff filing directions; or

                     (b)  2 or more record-keeping rules; or

                     (c)  2 or more disclosure directions;

proceedings may be instituted under this Act against a person in relation to the contravention of any one or more of the tariff filing directions, record-keeping rules or disclosure directions. However, the person is not liable to more than one pecuniary penalty under this section in respect of the same conduct.

             (6)  If a person's conduct gives rise to a liability to pay a pecuniary penalty under:

                     (a)  this Part; and

                     (b)  Part VI;

proceedings relating to the conduct may be instituted against the person under this Part or under Part VI. However, the person is not liable to more than one pecuniary penalty in respect of the same conduct.



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