Northern Territory Consolidated Acts

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CONSUMER AFFAIRS AND FAIR TRADING ACT - SECT 88

Offences

88. Offences

(1) A person who:

(a) contravenes;

(b) aids, abets, counsels or procures a person to contravene;

(c) induces or attempts to induce a person, whether by threats or promises or otherwise, to contravene;

(d) is in any way, directly or indirectly, knowingly concerned in or party to the contravention by a person of; or

(e) conspires with others to contravene,

a provision of Part 4, or a provision of Part 5, Division 1 or 1A other than section 42 or 43, is guilty of an offence.

Penalty: If the offender is a natural person - 500 penalty units.

If the offender is a body corporate - 2 500 penalty units.

(2) Subsection (1) does not apply to an offence for which a different penalty is applicable by virtue of section 29(7) or 36(2) or (3).

(3) Where:

(a) a person is found guilty of 2 or more offences constituted by, or relating to, contraventions of the same provision of Part 4 or Part 5, Division 1 or 1A; and

(b) the contraventions appear to the sentencing 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 found guilty of an offence or offences constituted by, or relating to, another contravention or other contraventions of that provision which were of a different nature or occurred at a different time),

the court shall not, in respect of the offences referred to in paragraph (a), impose on the person fines that, in the aggregate, exceed the maximum fine that would be applicable in respect of one offence by the person against that provision.

(4) Where:

(a) a person is found guilty of an offence constituted by, or relating to, a contravention of a provision of Part 4 or Part 5, Division 1 or 1A; and

(b) a fine has, or fines have, previously been imposed on the person by the sentencing court for an offence or offences constituted by, or relating to, another contravention or other contraventions of the same provision, being a contravention which, 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 under 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).

(5) In proceedings in a court against a person for contravening a provision of Part 4 or Part 5, Division 1 or 1A, the Court may:

(a) grant an injunction under section 89 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 90 in relation to the contravention.

(6) Where a person on whom a fine has been imposed for an offence constituted by or relating to a contravention of a provision of Part 4 or Part 5, Division 1 or 1A defaults in payment of the fine, a Court may, whether the fine was imposed by that Court or another court, make on the application of the Minister or Commissioner an order for the enforcement of the fine as if it were a judgment debt under a judgment of the court.

(7) On the making of an order under subsection (6), the fine becomes enforceable as if it were such a debt, and payment thereof ceases to be enforceable in any other way.



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