Victorian Consolidated Legislation

Collusive Practices Act 1965 - SECT 3

Collusive tendering and bidding to be offences

3. Collusive tendering and bidding to be offences



(1) A person who-

   (a)  makes or joins in the making of a tender in accordance with a
        collusive tendering agreement; or

   (b)  in pursuance of a collusive tendering agreement abstains from making a
        tender-

shall be guilty of an indictable offence. Penalty: Imprisonment for 6 months
or 25 penalty units or both.

(2) It shall be a defence to a prosecution for an offence under the last
preceding subsection if the court is satisfied that the defendant made or
joined in the making of a tender in accordance with a collusive tendering
agreement or abstained from making a tender pursuant to a collusive tendering
agreement at the request of or with the prior consent of the person to whom
the tender was made.

(3) A person who-

   (a)  bids or joins in the making of a bid at an auction in accordance with
        a collusive bidding agreement; or

   (b)  in pursuance of a collusive bidding agreement abstains from attending
        an auction or from bidding or from making a further bid at an auction-

shall be guilty of an indictable offence. Penalty: Imprisonment for 6 months
or 25 penalty units or both.

(4) It shall be a defence to a prosecution under the last preceding subsection
if the court is satisfied that the defendant acted at the request of or with
the prior consent of the vendor.

(5) For the purposes of subsections (3) and (4), any act done by an agent in
accordance with, or in pursuance of, an agreement made by his principal
(including an agreement made by the agent within the scope of his agency)
shall be deemed to have been done by the principal and not by the agent.