Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 79

             (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 or a provision of Part VC 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 .

             (2)  Where a person is convicted of two or more offences constituted by, or relating to, contraventions of the same provision of Part VC, being contraventions that appear to the Court to have been of the same nature or a 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 shall not, in respect of the first‑mentioned offences, impose on the person fines that, in the aggregate, exceed the maximum fine that would be applicable in respect of one offence by that person against that provision.

             (3)  Where:

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

                     (b)  a fine has, or fines have, previously been imposed on the person by the 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 first‑mentioned 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 shall not, in respect of 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 respect of that offence 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 against a person for contravening a provision of Part VC, the Court may:

                     (a)  grant an injunction under section 80 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 86C or 86D in relation to the contravention.

             (5)  Sections 5, 7 and 7A of the Crimes Act 1914 , and section 11.1 of the Criminal Code , do not apply in relation to an offence against a cartel offence provision or a provision of Part VC.

             (6)  A prosecution for an offence against a provision of Part VC may be commenced within 3 years after the commission of the offence.

             (7)  In this section:

"cartel offence provision" means section 44ZZRF or 44ZZRG.