FAIR TRADING ACT 2010 - SECT 31
FAIR TRADING ACT 2010 - SECT 31
31 . No doubling-up of criminal liabilities
(1) For the purposes
of this section, a person is convicted of an offence if a court finds the
person guilty of the offence, or accepts a plea of guilty of the offence,
whether or not a conviction is recorded.
(2) If —
(a) an
act or omission is an offence against the Australian Consumer Law (WA) and is
also an offence against the application law of another participating
jurisdiction; and
(b) the
offender has been acquitted or convicted of the offence with which the
offender is charged, or has already been convicted or acquitted of an offence
of which the offender might be convicted upon the indictment or prosecution
notice on which the offender has been charged, under the application law of
the other participating jurisdiction,
the offender is not
liable to be prosecuted or punished for the offence against the Australian
Consumer Law (WA).
(3) Nothing in
subsection (2) prevents the Commissioner from making or issuing a statement
under section 57.
(4) If a person has
been ordered to pay a pecuniary penalty under the application law of another
participating jurisdiction, the person is not liable to a pecuniary penalty
under the Australian Consumer Law (WA) in respect of the same conduct.