COMPETITION AND CONSUMER ACT 2010 - SECT 151BY Civil action for recovery of pecuniary penalties

COMPETITION AND CONSUMER ACT 2010 - SECT 151BY

  (1)   The Commission may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in section   151BX.

  (2)   A proceeding under subsection   (1) may be commenced within 6 years after the contravention.

  (3)   A proceeding under subsection   (1) must not be instituted in relation to:

  (a)   a contravention of the competition rule; or

  (b)   attempting to contravene the competition rule; or

  (c)   aiding, abetting, counselling or procuring a person to contravene the competition rule; or

  (d)   inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene the competition rule; or

  (e)   being in any way, directly or indirectly, knowingly concerned in, or party to, a contravention by a person of the competition rule; or

  (f)   conspiring with others to contravene the competition rule;

unless:

  (g)   in a case where paragraph   (a) applies--the alleged conduct is of a kind dealt with in a Part A competition notice that was in force in relation to the carrier or carriage service provider concerned at the time when the alleged conduct occurred; or

  (h)   in any other case--the alleged conduct is related to conduct of a kind dealt with in a Part A competition notice that was in force in relation to the carrier or carriage service provider concerned at the time when the alleged conduct occurred.